LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

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

 5 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.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register