CLAIM OF WIFE IN HUSBAND/INLAW PROPERTY

Mukesh (Querist) 14 January 2010 This query is : Resolved
Honourable Members

I had earlier asked questions and got very satisfying replies. I shall be obliged for your kind guidance in the following matter :
My wife and her parents are exerting pressure on us to take back my wife who is living with her parents for last 1 year after only 3 months of marriage and living with us after all nonsense and false allegations. I have made up my mind for divorce. We are trying a negotiated settlement but are not sure of their intentions. They may file a false case if the results are not to their satisfaction.
We have a 3 room flat and there are 6 persons. 1 room was given to me/wife other being with Mother/Father/unmarried sister and Brother/wife. The flat is registered in my mother's and my name. I had however before my marriage gifted my share in favour of my mother due to family problem with brother. The gift was given on a simple Rs.10/- stamp paper which was not registered.

a) Can my wife claim share on this flat ?
b) What is the amount she can claim from me as permanent alimony ? Can she claim 50% of my other assets like shares, cash Fd etc.?
c) Whether she can claim from the properties of father,mother,sister also.
d) Can she claim one room for permanent residence or can she lock it rendering it unusable for any other person?
e) Suppose I gift a substantial portion of my assets to my mother/father/sister before she files any type of court case, whether it will be legal? I want to make gift so that it will help them in their old age and marriage of the sister.
f) What safeguard should I take in this regard so that I am not faced with unreasonable demand?
g) How the court decides on permanent alimony case?
h) Can I refuse permanent alimony and instead opt for monthly maintenance till she is remarried?
thanks and reagrds
MUKESH GUPTA

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adv. rajeev ( rajoo ) (Expert) 14 January 2010
during the life time of husband wife cannot claim any share in your property.

R.R. KRISHNAA (Expert) 14 January 2010
On the facts and circumstances of your case, there can be no claim for your wife other than maintenance. The amount of maintenance can be finalised by court only and nothing can be said about it. Certainly you can gift the property in favour of anyone you wish before any court case. There can be no other claim for your wife.

Raj Kumar Makkad (Expert) 14 January 2010
a. No.

b.No specific amount can be given about her claim without meeting her and knowing about her intention to claim. She can claim 50% or even more but shall not be granted as a lummsum amount shall be decided by court in case your petition succeeds. It is not so easy to get contested divorce as you think.

c.No.

d. As your house fully belongs to your mother, your wife cannot claim any right to residence in that house.

e. Helping parents is good but it is not advisable to gift your entire properties in their names just for litigation purpose expected from your wife. I have seen various cases where such youth have to repent at later stage when they lost their properties for ever in such cases.

f. Make compromise with her.

g. Income, age, liabilities of both is taken into consideration.

h.Yes.

Guest (Expert) 19 January 2010
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