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Rajiv Kohli   08 October 2024

Gifting to relatives before marriage to avoid alimony claims

Hi , I m getting married after 2 months. Can I GIFT ( by gift deed)all my bank balance and investments( by cheque ) to my father before marriage. And can he further GIFT this amount to his brother. 

So that , if in future my future wife files any claim on my large bank balances . Then she will have no claim on the amount already gifted by me before marriage to my father , and further gifted by my father to his brother.

Am I right ????? Kindly advice.



Learning

 10 Replies

T. Kalaiselvan, Advocate (Advocate)     08 October 2024

As per Indian laws your would be or present wife or even divorced wife cannot claim any share in your assets both movable and immovable neither she can be liable for your liabilities as well.

hence this type of abundant precaution is not a healthy sign for a prospective married life.

Rajiv Kohli   08 October 2024

Mr Kalaiselvan, first of all thanks a lot for your kind reply.

As far as I know , husband's liability for alimony is also dependent on his financial capacity. I have built a lot of wealth , by years of savings and investments. 

As u know , these days , their is a tremendous misuse of anti dowry and domestic violence laws. Big EXTORTIONS are very common. 

Since I m getting married with a family found on a Matrimony website , whom I don't know much. I want to keep my wealth safe.

So , if I GIFT away all my wealth to my father before marriage and he gifts this to his brother. I hope it will be 100 % safe from any alimony claims.

Is their any PRECAUTION  ,which I can take BEFORE MARRIAGE.  Kindly advice. I will be grateful.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 October 2024

Why not you gift away in charity all your wealth?

T. Kalaiselvan, Advocate (Advocate)     08 October 2024

Your fears are unnecessary.

If you start fearing about each and every petty issue and are looking for suitable solution to overcome your fears then you may have to live a dreaded and fearful married life with fear anticipating one or the other problem.

It is not necessary that every wedded girl will pounce upon her husband's wealth and torture them if they refuse to oblige.

Nothing can be advised to a person with a predetermined notion.

kavksatyanarayana (subregistrar/supdt.(retired))     09 October 2024

Yes.  Not only that as advised by the learned expert, you cannot get back your property either movable or immovable and it will go to others' hands.  So don't think about unnecessary issues.  Your would-be may be a good girl. think positively.

Dr. J C Vashista (Advocate )     09 October 2024

Instead of donated your movable and immovable properties to your father and further he (your father) donating to his brother, it is better to gift it some needy person(s) who could bless you with fortunes and happy married life, where there would not be any sort of claim or dispute.

A strange apprehension of calculation of alimony for "would be better-half" and estranged relation(s) with her even before finalisation and/or solemanisation of marriage ???

No such law / incident has ever expeerienced, read, learnt or heard, hence no comments can be offered.

Rajiv Kohli   09 October 2024

To all the wise people here.

I m writing all this , because not only I have seen  Tons of cases reported in the media. My close relative had suffered so much.

My first cousin had done a love marriage with a girl long known to him. Unfortunately his marriage started to collapse after just one year.  The girl filled all the false anti dowry and domestic violence cases against the boy's entire family.

Even arrest warrants were issued against them. The court cases lasted 6 years.And believe me , during these 6 years  , they had suffered so much mental turmoil and  agony. During these six years they had gone through " HELL".

Finally this January,  they gave the girl, more than 25 lacs to settle the case and get rid of this "Hell".

Dr. J C Vashista (Advocate )     10 October 2024

Please appreciate the fact that situation and circumstances of two different persons/ couples can never be same to weigh them on same scale and apply its results upon another.

P. Venu (Advocate)     10 October 2024

The query is too speculative to suggest any meaningful remedy!

adv.raghavan (Advocate,9444674980)     13 October 2024

in that case u gift it to your brother directly. donot worry she cannot make any claim after valid gift transfer.


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