Wife occupied house during divource stage

Good evening,

Under Section 122 of the Transfer of Property Act, 1882 it is mentioned that you can transfer your property to anyone through a gift deed, which contains details of both you and the person you're gifting the property to. Section 123 of the Act states that for such a transfer to be valid, the gift deed must be registered compulsorily under the magistrate, or registrar. Therefore, if the gift deed is registered, then the property belongs to your father, until and unless the credibility of the gift deed is challenged and is found to be fraud. 

During a divorce, a wife is entitled to claim maintenance, for sustenance of her own life, until she remarries. Maintenance can be in the form of money. She is also entitled to a roof over her head. Right to residence is a part of maintenance. She can claim for another residence, if for any reason, she can't live under the same roof as the husband. (as was decided under this case law- B.P. Achala Anand vs S. Appi Reddy & Anr) Please follow up with this case law as well-(Bharat Heavy Plates & Vessels Ltd. vs Sreeramachandra Murthy And Anr)

If your wife, after divorce, resides in your matrimonial home (the house you both stayed in at once), you can appeal to the court, if you want to evict her. It will be the court's discretion to decide upon such matters. The court will see if you are fit to pay the maintenance of your wife, for her sustenance (provided that she is not a working woman).

Regards,

Nandini.

Your wife's residential right is secured under the DV Act though she is not entitled of ownership. And I believe the Court will also appreciate the fact that your property transfer was a colorable transfer to deprive your wife from living in the house.

Unless your wife leaves the house on her own or marries someone else, her residential right over her husband's house is absolute. Please see the SC's observation on Satish Chander Ahuja V. Sneha Ahuja case.

You may request her to vacate the house and friends or relatives may convince her once you show them alternate comfortable accommodation.  It is a mutual consent arrangement.