Can i trust on awyer/ should i gift my flat to my mother(co-applicant)
Prabhat
(Querist) 30 March 2012
This query is : Resolved
I was married 1.3 yrs back and separated 9 months back. When she was with me she was deserted me by refusing sexual relations and her behavior was unpredictable (many times she used to spoke herself without any ones presence). We were so afraid on her behavior and when informed her father then they were shouted on us that nobody is perfect. And never torture my daughter else I will file cases against you.
I thought time with rectify her. In actual it she was not. So 9 months back my FIL & BIL had taken her along with all gold and all stuff. Threatened a lot to me and my father/mother.
Actually she was not in interest to come to me. And after all these consequences, me too not wish her in my life. However 3 months back she (under her parent’s pressure) file a complaint against me at Private social consular’s. But there she refused to come to my home on my conditions. By looking her& her father’s aggressive behavior, Consular’s also not forced me to take her back in your home. As if she can do anything wrong in my home. I have to pay a lot than now when she is not in my home right now.
We both are BE engg. I’m working in MNC comp(earning 30 K). & as per information she is also doing job in small company (earning 10K).
Up till now no police cases they have filed. But many times they have threatened me a lot. But now they might file RCR against me to take my daughter at your home.
My question are:-
I ask my lawyer whether should I file any notice or conditional RCR to her. Or file Divorce.
But he denied by saying wait & watch what steps they r suppose to take.
I hv waited 2 months and two days back I asked him where I should file ATLIST any NC (Non cognizable ) at local police station that she has been left my home with all GOLD since last 9 months. And not threthening me for false cases. I will not include her address in NC. So they will not never know abt NC. But I will get some proof abt when her left with GOLD
But still my Lawyer not agreed on that for NC. He even not ready for AB. And assured me that now no cases on you ur Bail will be rejected. Once cases are filed I will safely brings you out of all these.
Many time when I discussed with him about laws (I ‘m reading marriages& divorce laws now a days) then he was suggested me that do not take half-knowledge by reading 2-3 books. I ‘m here to help you. Not to worry.
I can’t predict what in his mind. Please let me know whether He is cheating with me ?
Should I wait for my in laws initiative action (as per my lawyer). Or file cases on her ?
My current Flat is on me and my father’s name. I wish to transfer is to my father’s name But I have SBI loan on it so can no t do that. So What Can I do to prevent her to acquire my flat share in future?
Can she claim on my flat? As it’s not only own by me. MY mother is co-applicant in that.
If yes , What provision should I do ? (I can sell my flat). As its only home in my hand
1. Should I Gift my flat to my mother
2. Should I transfer it to my mother and include my sister in property as well
3. Should I devote my flat stated by bond paper
Lawyer told me to transfer it flat to ur sisters name or sale it.
V R SHROFF
(Expert) 30 March 2012
wait & watch :
don't throw what is in your hand , for fear in future.
Adv.R.P.Chugh
(Expert) 30 March 2012
Dear Querist,
Prevention is better than cure is an adage that applies equally effectively here. An intimation to the concerned authorities apprising them of your apprehensions would only help you, a legally drafted document with the safeguards laid down over the years (Guidelines etc) would really help bolster your case - for the Anticipatory Bail that may be needed in future.
As regards A.B it can be done (no FIR/Complaint is necessary for the same) but it is prudent not to do it at this time.
As regards flat - gifting it to your mother seems to be the best option - but only after you take bank into confidence.
Shonee Kapoor
(Expert) 30 March 2012
The call is yours.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Prabhat
(Querist) 30 March 2012
Don't throw what is in your hand , for fear in future.
Shroff sir I cannot conclude your suggestion..... you mean I should not sale my flat or should not file any case initiativelly.
I heard that soon wife can ask share in Husbands property (may be 50%/50%).
I think Before new Law come into action should I file a case?
Which property wife can ask before marriage or after marriage?
In my case my flat was bought before marriage and got flat passation after marriage
Gifting flat to mothers name( worth 23 Lake) approx. how much stamp duty should I have to pay?
Deepak Nair
(Expert) 30 March 2012
Wife can ask for equal share of property which acquired after marriage only and not any property which were acquired earlier.
ajay sethi
(Expert) 30 March 2012
1) learn to trust your lawyer . he seems to be your well wisher .
2) he has rightly advised you not to file RCR
3) if you had filed RCR she would have filed 498 A case . DV case aginst you as counter .
4)as far as gold taken by her is concerned send her emails/letters requesting her to come back and mention fact that entire gold given at time of marriage has been taken by her
5) since you have taken loan against flat bank wont grant you permission to gift flat to your mother unless you repay the loan .
60 if you gift 50% share to your mother you will have to pay stamp duty . it would generally be around 2%of market value of property
Prabhat
(Querist) 30 March 2012
Thanks a lot All Experts
I was married on 23 Jan 2011 and I got flat possation on 10 Feb 2011.
So is it mean that I acquired flat after marriage ? & she can claim for the same?
Last query :
I have bought Second-hand car (Maruti 800) worth 96000 RS, bought after marriage & separation for parents hospital transport purpose.
can she claim for car share as it movable property however?
Deepak Nair
(Expert) 30 March 2012
Rather than the date of possession, the date of booking, payment, agreement etc. are considered.
Prabhat
(Querist) 30 March 2012
Thanks
So for now can I say I'm safe for my flat issue. And no need to Transfer or Gift to my father?
V R SHROFF
(Expert) 30 March 2012
car, i advise to sell, if you don't need it badly. Car users are considered wealthy enough, to pay higher standard of living, for her maintenance, [in case she prove non earning at later stage. Wait & watch otherwise. Decision taken in haste and panic waste more.]
After enactment, let us see, how it is implemented, what judgement , what property goes to wife etc.
Even if u do anything, your intentions after doing it will be proved malafide, and can go against you. Why give her a chance to prove it??
"Shroff sir I cannot conclude your suggestion.. " u said abt tr to mother, whereby u include other shares in ur property. [ur Q 2]
Yes, if u sell, everything remains with u, that I agree with.
We do not know, if we trf, who all will claim after few years. Then more enemies, more problem . That too ur blood relations , i hope u understand what i mean ??
Shonee Kapoor
(Expert) 01 April 2012
I advise that it is your own call whether to sell or hold.
The pros and cons are equal as of now.
As she has no share in the property. This would not impact alimony.
However, if the new amendments take place, it would be a point of consideration.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Prabhat
(Querist) 02 April 2012
Thanks Shonee sir,
But Mr. Deepak Nair said that "Wife can ask for equal share of property which acquired after marriage only and not any property which were acquired earlier."
Is it ?
If it is not then
Hope God Will give power to all husband to face such situations
However I trying to gift this property to my father ....
Shonee Kapoor
(Expert) 05 April 2012
She can not ask for any rights as of now.
But she can always ask for right of residence in any property whether purchased before or after the marriage under PWDVA, 2005.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
