Divorce-property
malihajain
(Querist) 23 May 2012
This query is : Resolved
Sir,
I am an NRI and have applied for divorce and case is going on for past 3 years. I have two properties. During the pendency of the proceedings I transferred one of the property to my mother and the other property which was in joint account of myself and my wife, I converted it on my name without her approval and knowledge.Is this illegal?
What are the consequences? She has filed for MC.Can she claim the property? Can she apply for petition to court asking me to give the property details?. I have decided to settle abroad only. So how do I avoid giving her 50% of property.Kindly advise and is there any way of transferring the property and converting it to movable assets etc to foreign and.
SAINATH DEVALLA
(Expert) 23 May 2012
Can you clarify whether the property you transfered on your mother's name was self acquired?How was the other property purchased?If both of you are joint owners transferring it in your name is illegal without the other's consent.Once a joint property she will certainly raise the issue in the court and you may have to face the consequences.I feel you have done the transfer in a hurry,without consulting legal experts.Has she invested in the joint property?
malihajain
(Querist) 23 May 2012
Both the properties are self acquired with my own earnings
Adv.R.P.Chugh
(Expert) 23 May 2012
Dear Querist,
What do you mean by 'MC' ?
Self Acquired or Ancestral - she has no right in any of the properties. As regards one property in she was the joint owner - even though entire funds came out of your pocket - but still she being the joint owner - any transfer of the ENTIRE property cannot legally place without her concurrence.
Gifting to mother via a registered gift deed is always preferable.
As regards her 50 % entitlement - that's still a proposal - we can only guess what shape it would actually take - let's not speculate about that. But by way of abundant caution - do the gift deed.
Nadeem Qureshi
(Expert) 23 May 2012
Dear Querist
No need to worry, First of all I want to tell you that this amendment is not enforceable yet, it will be applicable after the notification in the Govt. Gazette. second thing is that if the property transfer by you to your mother is your self acquired property then no one can challenge to this Gift or transfer Deed.
One property in which you and your wife are joint,it is not legal to change the name without her approval and it's depend on the Sale Deed in which you did mention her name. what are the shares, and what are the terms and condition of the Deed/agreement.
Feel free to call
malihajain
(Querist) 24 May 2012
By MC I mean she has applied for Maintainence(permanent). Interim maintainence has been already granted
Shonee Kapoor
(Expert) 31 May 2012
As of now she has no rights, but be safe and transfer the properties.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
