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How to save property from going away to greedy wife in divorce

(Querist) 25 December 2013 This query is : Resolved 
Is there a way to save your share of property by giving it away to some one in family. I want to save my hard earned property going away to wife who was adulterous and is now harassing me through false cases of Dowry and Domestic violence laws. I just do not want the property to be given to this b.tch. Please suggest the possible ways. I do not even mind giving it away to someone else rather than let her have the share through wrong cases implicated on me by her.
Sudhir Kumar, Advocate (Expert) 25 December 2013
" by giving it away to some one in family"

in that case also you loose the property.

you will not accept this suggestion as on today because probably you are yet to understand that while taking back property form family member the family member will prefer to loose relation than losing property.

When it comes to landed property all relations and loves fades away.

If she has her share at least some part of the property remains with you.
Sudhir Kumar, Advocate (Expert) 25 December 2013
further since you have not given facts of the case relating to property no further advise can be given
Narendra (Querist) 25 December 2013
this is a 2bhk flat.The wifes name was put just on emotional basis when it was bought. the loan is in joint names although she is a housewife and does not contribute anything. my father paid 65% of amt rest is loan from bank
Narendra (Querist) 25 December 2013
this is a 2bhk flat.The wifes name was put just on emotional basis when it was bought. the loan is in joint names although she is a housewife and does not contribute anything. my father paid 65% of amt rest is loan from bank
Narendra (Querist) 25 December 2013
this is a 2bhk flat.The wifes name was put just on emotional basis when it was bought. the loan is in joint names although she is a housewife and does not contribute anything. my father paid 65% of amt rest is loan from bank
Nadeem Qureshi (Expert) 25 December 2013
Dear Querist
you are not absolute owner of the property, she is legally entitle to get her share in the propety, nobody can restrain her.
you can not transfer the property to any one without her consent.
feel free to call
R.K Nanda (Expert) 25 December 2013
nothing to add more.
Guest (Expert) 25 December 2013
Agree with Experts
ABDUL RAZIQUE (Expert) 25 December 2013
no room for more discussion.
V R SHROFF (Expert) 25 December 2013
"while taking back property form family member the family member will prefer to loose relation than losing property"
I support this view of Shri Sudhir.

It may so happen that to save half, you loose full.
And loose ur family relations too, who r with u now.

Narendra, There are other tact's, to save property , but cannot suggest on public platform.
only in confidence- in person.
Guest (Expert) 25 December 2013
Some Secretes the above Expert wishes to share with the Querists.Which he doesn't want us to know.Querist could please call the above Expert and know the hidden secretes and could reveal us later.
T. Kalaiselvan, Advocate (Expert) 25 December 2013
It was interesting to go through the experts opinion on the subject, however I will go with expert Mr.Nadeeem Qureshi's opinion. He has rightly told that the author is not the absolute owner of the entire property, whether out of emotion or otherwise, the author purchased the property jointly on his wife's name too, there by creating her to be a co-owner of the estate. Then it was nice and now the love lost hence the spats. The author cannot dispense away with the entire property on his own is legal, suppose he is indulging in any other activity against the interest of his wife, it will not be binding on her.
Sudhir Kumar, Advocate (Expert) 25 December 2013


YOU SAID
“this is a 2bhk flat. The wifes name was put just on emotional basis when it was bought.

Ans : so the name of wife is there so you are not absolute owner.



YOU SAID
“the loan is in joint names”

Ans : SO she is joint owner.



YOU SAID
“although she is a housewife and does not contribute anything.”

Ans : Sorry to disagree. The contribution of housewife in house maintenance cannot be ignored.



YOU SAID
“In any case she is joint owner.”

my father paid 65% of amt rest is loan from bank

Ans : May be true. But your father is not joint owner.


Sudhir Kumar, Advocate (Expert) 25 December 2013
In thiscae ifyou attempt to handle the property the way you want the consequences are as under :-


(I) you have already earlylost your wife.
(II) you will losse property in toto
(III) you will loose relations with family member to whom you transfer the property.

(IV) your wife gets a good chance to fix you and your family in another indefendable case of fraud and BOT (cognizable and non-bailable)

(V) The bank who gave you loan gets a good chance to fix you and your family in another indefendable case of fraud and BOT (cognizable and non-bailable)

CHOICE IS STILL YOURS.
Rajendra K Goyal (Expert) 25 December 2013
You can sell your portion of flat to third person and the money can be used to defend cases against you. You can not sell full flat can sell your share only.

Similar query was posted by you:

http://www.lawyersclubindia.com/experts/Want-to-give-away-my-share-of-property-to-my-father-437271.asp#.UrrRdLSLq_I
ajay sethi (Expert) 25 December 2013
well advised by experts . you have only 50%share in said property . you can bequeath your share by will to whom soever you desire
Guest (Expert) 25 December 2013
If you are going to sell your 50% share and raise funds for your expenses who will settle the bank loan and what documents you will give to the buyer.who will answer the bank.
Narendra (Querist) 25 December 2013
most of u r sidind with the tormentor and not the victim (me) ignoring that i caught her adultary and now she has filed false cases to grab entire property. Its a disgrace that most of u r finding a easy way out by siding with the tormentor (wife) and not victim(me)
Narendra (Querist) 25 December 2013
most of u r sidind with the tormentor and not the victim (me) ignoring that i caught her adultary and now she has filed false cases to grab entire property. Its a disgrace that most of u r finding a easy way out by siding with the tormentor (wife) and not victim(me)
Narendra (Querist) 25 December 2013
pl do not provide worldly suggestions. stick to legal answers
thanks
Narendra (Querist) 25 December 2013
pl do not provide worldly suggestions. stick to legal answers
thanks
Devajyoti Barman (Expert) 25 December 2013
You and your wife both are co owners of this property. So both of you have to act together to transfer it or else it will remain entangled in legal dispute for ever.
Narendra (Querist) 25 December 2013
i m only talking abt giving away my share as she is trying to grab entire flat by talking abt gold that she has hidden and maint & alimoney; which means i must give her entire property awat
Narendra (Querist) 25 December 2013
i m only talking abt giving away my share as she is trying to grab entire flat by talking abt gold that she has hidden and maint & alimoney; which means i must give her entire property awat
Sudhir Kumar, Advocate (Expert) 26 December 2013
YOU SAID

"most of u r sidind with the tormentor and not the victim (me) ignoring that i caught her adultary and now she has filed false cases to grab entire property. Its a disgrace that most of u r finding a easy way out by siding with the tormentor (wife) and not victim(me) "


THIS IS A CHARITABLE FORUM WHERE FREE ADVISE IS BEING GIVEN. THE EXPERTS ARE USEING THEIR OWN PRIVATE TIME, NET CONNECTION AND ELECTRICITY TO REPLY TO YOU PEOPLE.

WE HAVE ADVISED YOU ON THE FACTS AS APPEARING FROM YOUR POST


In the first instance you tried to hide the fact that wife is co-owner.

Your family is involved in one criminal case (which you say is false) and you intend to walk into another. The new case will be a strong one and true one and well documented.


One expert tried to help you by advising to sell 50% of the share but another expert could go further deep and believed that even that is not a feasible option.

Sudhir Kumar, Advocate (Expert) 26 December 2013
YOU SAID

"pl do not provide worldly suggestions. stick to legal answers
thanks "

Law is not isolated from word. You have been given legal options.

Choice is yours it is your own life and you are free to spoil it.
Narendra (Querist) 26 December 2013
dear sudhir;
everywhere in all my posts i clearly said 'my share of property'. So there is nothing to hide here..
Anyway thanks to everyone for all your inputs
Narendra (Querist) 26 December 2013
dear sudhir;
everywhere in all my posts i clearly said 'my share of property'. So there is nothing to hide here..
Anyway thanks to everyone for all your inputs
Narendra (Querist) 26 December 2013
dear sudhir;
everywhere in all my posts i clearly said 'my share of property'. So there is nothing to hide here..
Anyway thanks to everyone for all your inputs
Devajyoti Barman (Expert) 26 December 2013
Wihtout her consent you can transfer your share for any practical purposes.
Now understand it and stop this thread.
ajay sethi (Expert) 26 December 2013
you better contact a local lawyer . experts have advised you at length .
V R SHROFF (Expert) 26 December 2013
nothing to add more.

nothing to add more.

nothing to add more.

nothing to add more.

nothing to add more.
Narendra (Querist) 26 December 2013
this topic is closed
Thanks guys.
Narendra (Querist) 26 December 2013
this topic is closed
Thanks guys.
Narendra (Querist) 26 December 2013
this topic is closed
Thanks guys.
ajay sethi (Expert) 26 December 2013
thanks for your appreciation
Devajyoti Barman (Expert) 26 December 2013
thank you too for not dragging this thread any longer.
V R SHROFF (Expert) 26 December 2013
Many times it is better to loose a court case , and WIN THE LIFE.
THROWING PIECE OF BREAD TO BARKING DOG, INCREASES YOUR PLEASURE OF DINNER


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