Amit (Engineer) 01 January 2013

Stage of selling the share of shared property

Dear Sirs,

I have a shared property with my brother. My wife has already filled a complaint in CAW cell.

We had a plan to gift my portion to my sister so that my wife has no claim on that.

At which stage of the cases we need to disclose (file affidavit) that I have such property in my name. I want to sell the property before that. I want to keep the property in my name as far as possible since there can be a possibility of agreement with the girls side and in that case we will be able to save stamp duty which is significant amount.

If any stage I gifted the property to my sister what is the way so that wife side may not get stay on that. I know IRBM is not passed yet in parliament so she has no right on my property as if now. Also she is working and lives far away from my property so she will not claim right to residence.

Regards

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2 Replies

Tajobsindia (Senior Partner ) 02 January 2013

1. The stage gets sets in as soon as when a wedded wife leaves matrimonial home and no further deliberation for GOD appointed hours is call of the day for Indian husbands having partnership to a property provided they themselves do not know that wife has no share in such property except some bargaining chips that also during mediation rounds.

A husband in reference to context is sole co-owner of such property and he can if he wants gift deed his share to his maid and no law can ask him to give his share to soon to become ex-wife.

Now make informed decision yourself.