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Saibharathi (Software Engineer)     19 May 2016

Transfer of property by husband to his father

My husband purchased a property along with his father as co-owner without my consent by declaring himself single. I do not know how the transactions happened but major expenses and monthly EMI have been borne by my husband. I believe my father in law contributed a few lakhs for the down payment. My husband now wishes to transfer the property to his father entirely. I have never been included in any of these decisions or even informed. I'm a working woman and I have been bearing majority of the family expense since a large share of my husband's income goes off paying for the property. I would like to know if my husband can proceed with transferring the property without my consent. Although I'm not in any joint ownership but as his spouse and financial contributor to family, do I have any legal right to question his move? To add more details, we have a 3 year old son to whom I hoped the property will go in future. I personally have no interest in the property whatsoever. My husband has 2 siblings who are unmarried. 



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 7 Replies

Kumar Doab (FIN)     19 May 2016

You and children have no forced share in self earned/acquired property of your husband.

He can dispose it in his life time by any valid deed as it pleases to him.

This is true with self earned/acquired property of anyone including:you.

Saibharathi (Software Engineer)     19 May 2016

Thank you for the clarification.

 

prabhakar advocate (advocate)     20 May 2016

I do not want to give a different opinion other than Mr. Kumar Doab's opinion, as he is learned and have great respect.  At the first blush, it appears that you have no relief.  But,  there is complete logic what you have been saying.  While you are incurring your earnings to run the family and by that your husband has been saving substantial amount to meet the amounts of EMI, indirectly you and your child have got the right on such property, even though you do not have any title in the property.  This issue came up in two to three cases earlier and I remember the decisions went in favour of wife, where the property was transferred to a third party by estranged husband to deprive the wife her right to claim permanent alimony in divorce suits.  But here, the relationship between husband and wife is not estranged and also the property is going to husband's father.  Be that it may so, the wife's indirect contribution in acquiring the property cannot be denied.  But I cannot recall the cases and they are not lying in my file to quote you those cases.  If you engage an advocate, he may put his efforts to fish them out.  I vaguely remember that Justice A.K. Ganguli, Supreme Court, was one of the judges in one such judgment.  But I am not quite sure.

Next, if your husband does not agree with the logic, do not jump to file the case in civil court seeking stay of the transfer of property from your husband to in-law.  Most of the advocates may suggest that thing and filing a civil suit is a very costly affair due to advalorem court fee, which runs into thousands if not lakhs and  you may also come back with empty hands.   The remedy is under Section 7(1)(c) of Family Courts Act, 1984 and you can file a case under this Section in the Family court by affixing fixed court fee, which is not more than Rs.25/-.

Hope I clarified.    

1 Like

Kumar Doab (FIN)     20 May 2016

You may explore all options and remedies that can fetch you relief.

Your able counsel can advise on merits in all options that you can explore.

 

1 Like

Saibharathi (Software Engineer)     20 May 2016

Thanks you Mr.Kumar Doab and Mr.Prabhakar for your comments. I will explore my options as per your suggestions.

 

 

Kumar Doab (FIN)     20 May 2016

You are welcome.

Wish you the best.


(Guest)

1) Talk about the property to your husband in a non-threatening and non-accusatory way. Ask for reason why he wants to do such transfer? Try to understand the reasoning and have a dialogue with intention of arriving at a solution that is win-win.

2) Legal remedies are waste of effort. Firstly your grounds are very poor under existing laws, secondly even if your grounds were strong litigation in Indian courts take full lifetime so no useful purpose will be served.

3) Best and easiest way to get anything from husband is via love and compassion. If husband feels loved and cared for he usually gives everything he has to his wife out of own free will. If husband feels threatened or relationship becomes adversarial, he will fight tooth and nail over every ruppee. He will prefer to throw his money and property away rather than give anything to you. 

4) Stay away from lawyers. They make money by filing cases. Using legal provision is the most self-defeating strategy, your money will go to lawyer, you will not get anything but dates in court for 10 years and your relationship will get destroyed. Getting property at cost of breaking family is perfect recipie for unhappy life.


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