Mohan Raj (NA) 18 May 2013

Transfer of property to my mothers name

Hey there , My dad gave me around 2000 sqaure feet small plot which is a ancestral property. I got married two years back where my wife deserted me in two weeks, and now I filed case for divorce based on desertion which is ongoing. I constructed a house in this plot. I have few questions, please help me

1. Does this land and house come under marital property ? or this is treated as property of my parents as well. Ofcourse they gave it in my name to help me to get bank loan and trust in me to look after and take care of them.

2. I have a home loan ongoing from bank. Can I transfer the name of property to my mothers name when loan is still there. Is there any way to transefr the name of property ?

I want to avoid any claims by greedy woman who is holding title of my wife in name only.

thanks

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4 Replies

ajay sethi (lawyer) 18 May 2013

1) as on date you are the absolute owner of said property as the property has been trnasferred in your name . i presume your wife has not obatined any injunction restraining you from selling or creating any thrid party rights on said property . your wife can under DV act claim right to stay in shared household .

2) you need bank permission to transfer property in name of your mother . if you are in posiition to repay the loan do so . then execute gift deed in favour of your mother . have it duly stamped and regd .

advocate praveen (prop.) 18 May 2013

You have to transfer your prop. to your mother. And matter be resolved by mediation, and get DV by mutual concent.

regard

Manpreet Singh Sood (Managing Partner) 19 May 2013

To avoid any claim from your wife which though not legally tenable, enter into agreement of sell of the property in your name with your mother and also write in the agreement that possession ahs been handed over and write 15 years time period for execution of sale deed.

Rgds Manpreet Singh Sood Adv 9417245693 manpreet1961@gmai.com