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BattleBegins (s)     19 July 2016

Transfer property before divorce

Hi

I have been married 7 months, upto 4 months everything was fine and my wife became pregnant but since 3 months there are problems between both of us families. And my wife share everything even husband-wife discussions with her father. My Father-in-law don't want her to live with me. Even she is pregnant. I cannot meet him and they are not picking any calls from me and my families. And i strongly believe that they are preparing to file divorce and dawry case. 

In such case, i have these questions:

1) How do i transfer my property to my family members before divorce case filed ?

2) As she is 6 months pregnant and i don't think they will call me during delivery time also, or even to see my child. What should i do in this case ?

3) I have business with very good income, so does court review my income tax documents during setting up alumni ? Is there a way i transfer my business to my friend and work as employee ?

4) On what basis i can get my child custody ?

Thanks a lot.. Please help me i am totally frustrated don't know what to do. 

 

 

 

 

 



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 7 Replies

P. Venu (Advocate)     19 July 2016

Any discussion or suggestion raised would be hasty. There is still a lot of room left for reconciliation. Wait till the child is born.

saravanan s (legal advisor)     19 July 2016

No need to transfer anything onto others name if everything you own is your self aquired or parents property.as far as the second and subsequent questions just wait and see whats going to happen

Vijay Raj Mahajan (Advocate)     19 July 2016

Don't make mistakes like the ones you are thinking about. The property in your name, she cannot claim in case of divorce. She cannot ask any share in that property during your lifetime. The maximum she can seek is maintenance from you based on your income and standard of living and that will be allowed to her if she has no sufficient income to maintain herself.

The business is in your name let it remain in your name, rather you can add your other family member in it rather outsider friends if you so desire. The income out of your business can vary from time to time that you can workout with your C.A..

BattleBegins (s)     19 July 2016

 

Thank you very much to all the Advocates and Advisors, It gives me some relief that my hard earned money cannot be given to them. As suggested now i just need to wait and see what steps they take from their ends.  

Born Fighter (xxx)     20 July 2016

It appears one more case where the wife married for the sake of a child from husband and free maintenance for lifetime.

Anand Bali Adv. (Advocate Solicitor & Consultant)     22 July 2016

The right over husband's property begins only after the death of husband when he died intestate Or by his own wish as per the prevailing law. The Wife only can demand a shelter to live of her own sake without property rights.  . So dont worry for the property which is in your name. 

Also as the wife's status is abolished after the Divorce in that case also she can not claim any property after the death of her former husband.

For further legal assistance you can send me a PM (Personal Message) through this site.

Advise; always take assistance from an experienced and well educated Advocate of the field.

You well can see my credentials on my web site www.anandbaliandassociates.com ; plus at many other independent internet sites of India such as on  Pathlegal.in, LawyersclubIndia.com; Justdial.com; Kaanoon.com.; Lawsolva.com; Linkedin.com; Legalindia.com; Myadvo.com; HiGrit.com,  Just Dial.com & Sulekha.com; plus many more .

Please visit  www.anandbaliandassociates.com
With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court of India

 

BattleBegins (s)     29 July 2016

What steps should i take as prevention to hide my income ? I am planning to register as new business in name of my mother and do transactions to her account. And in my business account ( as Proprietor ) only take amounts needed to pay my employee salaries and office expenses. 

Is this be issue when court decide alimoney ? Now i am 100% sure that my wife will going to file a case as soon as she give birth to child.

Please advice..

 

Thank you

 


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