Gifting my flat to parents to prevent wife claiming it.
Pradip R.
(Querist) 27 November 2018
This query is : Resolved
My wife has filed a false 498A case against me and my parents and can also go for alimony claim or claim a part of my property as compensation. I want to know if I can transfer my Flat to my elderly parents as gift? Can my wife still claim a part in the property?
KISHAN DUTT KALASKAR
(Expert) 27 November 2018
Dear Sir,
You can gift the property to your parents. A wife cannot claim any share in your properties and she is entitled for only for alimony that too on the basis of your yearly earning from the date of marriage and not earlier to it.
Please mark “LIKE” if satisfied by my answer.
Guest
(Expert) 27 November 2018
Agree with advise of Mr. Kishan Dutt. Executing a Sale Deed in favor of your parents would make it strong legally. You have not mentioned about your children please.
Pradip R.
(Querist) 02 December 2018
I have been married to my wife for only 7 months of which i was out of india for 5 months. The flat in question is registered in my and my father's name jointly and is under home loan ( I am paying the loan installments).
There is no question of children from my marriage although our marriage has been consumated.
Pradip R.
(Querist) 02 December 2018
While the case for false 498A is ongoing can I file counter case for divorce from my wife or will it be beneficial to not go for a divorce in order to avoid alimony to my wife
Kumar Doab
(Expert) 02 December 2018
Outright sale is better.
Find buyer and sell in concurrence with lender.
However the OP can very well submit to court about proceeds from sale, and also report the estate/earning of spouse.
Kumar Doab
(Expert) 02 December 2018
Your parents can also claim maintenance from you.
And tribunal/court can order.
Your own LOCAL counsel is to help you.
In the meantime you may go thru similar queries in threads, files, Article e.g; Article under my profile;
"Trial Court should Consider Responsibility of Husband towards Aged Parents also while deciding Maintenance for Wife!"
Pradip R.
(Querist) 14 December 2018
Dear Sirs.
Continuing with the above, my wife has filed false 498A case against me, my parents and relatives. I am still abroad for my job. Meanwhile my parents and relatives have got bail from court.
My wife has side by side filed another false case that she came to my flat on 4th December 2018 but my parents and myself ( I am still abroad ) kicked her out once again. She also managed to get a stay order from court prohibiting me from selling my flat. She now wants to enter my flat with the help of police and would file for a alimony case very soon ( I came to know ).
My grandfather was cremated on 4th of december 2018 with all family members present at burial ground and so her allegations are baseless and false. How to reverse the stay order of my flat and how to prevent her from getting alimony?
If so how much alimony can she claim and on what items can she claim alimony?
Sudhir Kumar, Advocate
(Expert) 18 December 2018
It is now only that you have intimated that you have been restrained by court against transfer of house. Have you got it vacated?
Further once transferred to parents then property belongs to all your brother and sisters which you may not (or may) get back unless you are single child.
Kumar Doab
(Expert) 18 December 2018
As IT can be seen; there is NO mention of getting the house vacated in any of your posts (if any of the post is not modified). So there is no issue of getting the house vacated and hence NO deliberations are required on IT.
Since there is no requirement of getting vacated as per posts.
Kumar Doab
(Expert) 18 December 2018
Probbaly your spouse has claimed the said house as her matrimonial home. As per query you are joint owner of the said house as in query.
As per your last post all family members against whom complaint is lodged were at burial ground.
The word burial suggests as if you are not Hindu.
However your relatives need to satisfy the police with evidence/witnesses that allegations are false (as posted by you).
Spouse can claim maintenance, alimony, for her sustenance and a decent standard of living, similar to that being enjoyed by her before marriage and after marriage with you. Probbaly the spouse has approached court for not allowing alienating the ttile of (matrimonial) house, whose title vests in you (joint ownership) . Probbaly the court has accepted her pleadings. The court may decide to recover from your estate.
Probably you had not oferred/arranged for your spouse any alternate residence.
As already posted the spouse can update the court on estate/earning of other spouse.
You need a very able LOCAL counsel to help you and your family members and to get the stay vacated.
Kumar Doab
(Expert) 18 December 2018
In the meantime you may go thru;
Madras High Court
P.K.Nagarajan @ ... vs N.Jeyarani on 30 January, 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:30.01.2014
CORAM
THE HONOURABLE Mr.JUSTICE M.VENUGOPAL
Crl.R.C.(MD).No.570 of 2013
and
M.P.(MD).Nos.1 & 2 of 2013
Kumar Doab
(Expert) 18 December 2018
And
Crl.R.C.(MD)No.609 of 2013
***
2. 11
5.the petitioner is permitted to reside in the house D.No.73 & 74 Southveli Street, Madurai and in respect of the relief of protection to reside in that house, the petitioner is directed to approach concern police station if she felt any in security in future."
3. (vii)
(vii)The mortgaged house at Arapalayam, Madurai where along with her two sons, she is put up now is at the verge of closure of mortgage. Further, the Revision Petitioner/Husband is vehemently taking steps to sell the aforesaid matrimonial home - shared house hold to some third parties. She has no independent source of income sufficient to support herself and her two minor sons and bear the necessary expenses of the legal proceedings.
57.In the light of the aforesaid discussions and also this Court, taking note of the attendant facts and circumstances of the case in a cumulative fashion, disposes of the Criminal Revision Petitions, by remitting back the subject matter in issue (in so far as it relates to the maintenance claim made by the Respondents 2 and 3 and the 1st Respondent/Wife; in regard to the Residential Protection Order passed by the trial Court in favour of the 1st Respondent/Wife)
https://indiankanoon.org/doc/128856023/
Bombay High Court
Roma Rajesh Tiwari vs Rajesh Dinanath Tiwari on 12 October, 2017
Bench: Dr. Shalini Phansalkar-Joshi
Dixit
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10696 OF 2017
18……and clear language and the unequivocal Clause that the 'title of the husband or that of the family members to the said flat' , is totally irrelevant. It is also irrelevant whether the Respondent has a legal or equitable interest in the shared household. The moment it is proved that it was a shared household, as both of them had, in their matrimonial relationship, i.e. domestic relationship, resided together there and in this case, upto the disputes arose, it follows that the Petitioner-wife gets right to reside therein and, therefore, to get the order of interim injunction, restraining Respondent-husband from dispossessing her, or, in any other manner, disturbing her possession from the said flat.
The said house does not belong to your father alone and is in joint ownership with you..
So, the precedence in following may not help you;
Delhi District Court
Shri Surya Chandra Mishra vs Smt. Sudha Mishra on 28 April, 2014
Author: Sh. A.S. Jayachandra
IN THE COURT OF SHRI A.S. JAYACHANDRA
ADDITIONAL DISTRICT JUDGE-01 (SHAHDARA)
KARKARDOOMA COURTS: DELHI.
C.S. No.39/2013
Unique I.D No. 02402C0210062011
You may also go thru Article under my profile;
“Spouse of employee in marital dispute can get copy of 'Dowry Declaration signed by employee' “
And pick up relevant points on items..
Kumar Doab
(Expert) 18 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, NRI associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
If you are confident that you can handle the matter on your own ; GO ahead.
Pradip R.
(Querist) 19 December 2018
Thank you for the above counsel. I would like to draw attention to some points here...... Firstly I am a hindu and only child of my parents. My parents live in our ancestral home in Kolkata and additionally i have also rented them a separate 2bhk flat nearby. I stay separately with my wife in another 2bhk flat on the city outskirts and it is jointly owned by my father and me.
My wife has presently moved out of my flat and started living in her father's house from where she is accusing us of foulplay etc. etc....
Although she moved to court stating that she wasn't allowed to move into her husbands flat, the truth is the flat is left empty and locked for several months. We are afraid to go there as she had set up goons to beat us up.
In this context how can we ask court to cancel the injunction against selling of our flat?
Pradip R.
(Querist) 19 December 2018
Secondly, she will be claiming for maintainance and alimony very soon on the pretext that she is jobless but I recently found out that she is advertising on social media for freelancing jobs (web designing) from potential clients. So can I cancel her maintainance claims on the pretext that she is continuing freelancing jobs and earning from her father's house?
Raj Kumar Makkad
(Expert) 19 March 2020
As already replied by many experts, your wife is entitled for the grant of the maintenance as per law of land and the court while assessing the amount of maintenance, takes into consideration the income and liabilities of both the parties. However, it is the duty of the opposite party to put prima-facie evidence of the income of the opposite party along-with the self. If you have any evidence of her definite income, can put the same while filing your reply to the anticipated maintenance petition.
Raj Kumar Makkad
(Expert) 19 March 2020
The stay order can definitely be got vacated not only you but by your father also. Your father can become a party to the pending case and may pray that because he is owner to one half share of the flat and there is no partition between the joint-owners hence the stay order be got vacated. You can undetake to pay regular maintenance as per order of the court and on that ground the stay order may be got vacated.
Raj Kumar Makkad
(Expert) 19 March 2020
The chances in the success of the divorce petition at this stage seem remote if you file. Mutual consent divorce can definitely be filed after some more time.
Raj Kumar Makkad
(Expert) 19 March 2020
It is further advised you to come to India, get bail in the criminal case and then decide the strategy in all coming/pending cases with the help of your lawyer and then with the permission of the court, return back to your job on the terms and conditions to be decided by concerned court.
