Amit (Engineer) 03 November 2012
Our house is shared property within me and my two elder brothers.
My wife knows it. She is living seperate with my son.
All the investment done by my father.
Father don't want to sell it.
We have herd that since peroperty is on my name court can order the share to my wife.
We don't want to give any share to my wife. The property was purchased before marriage.
Need suggestion to save the property.
Anish Thakur 7018812737 (advocate) 03 November 2012
your wife can move to court seeking residencial rights in matrimonial house but she cant ask for sale of house, however no share of house can be granted to your wife however your son/daughter have right in your share of ancessostral property and no one can deprive them from it .
Amit (Engineer) 03 November 2012
Further connecting query is, I have herd that keeping property in my name will pull me down in matrimonial cases like crpc 125 and DV mentainace.
What can be the best way I can get rid of this property. Three options which comes to my mind are as as below:
1. Sell it. Father is not accepting this
2. transfer the property to any beloved relative
3, Gift the property to any beloved realtive
4. Make a trust.
Please suggest which will be the best way for me. What is the pros and cons of gifting and selling. I want to settle the property such that judge in matrimonial case will not consider it as void settlement.
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