Transfer of property
Amit
(Querist) 19 December 2012
This query is : Resolved
My father built a house on a plot some 25 years ago. He and my mother are expired now. We are two bothers and a sister. I am the youngest of all. Still this house stands in the name of my father only.
At present I have strained relationship with my wife, who has deserted me some one year back. Total duration of marriage is 1.5 years. I want to take divorce from her, though she is not interested. There is no divorce petition filed by me as yet.
Now in view of the new ammendment proposed in the matrimonial laws, I want to transfer my share of house in my brother or sister's name. What of the following two options will be better. Please suggest.
1) My brother/sister file a suit against other legal heirs including me and general public and I in turn surrender my share in their favour, as they also had spent money in construction of house or -
2) We all brothers and sister get the house transferred equally in our names and then I transfer my share in my brother/sister name by way of registered gift deed.
Please suggest one of the ways, which cannot be challanged by my wife in future or there is any other way more suitable than this. Please also mention the better of the two of these methods. Please suggest best and chepest way.
Raj Kumar Makkad
(Expert) 19 December 2012
First of all, I shall suggest not to adopt either of this or any other mode to get transferred your share in favour of your brother or sister as no such law has yet come and there is no hope of its coming in next 2 years against which you feel danger.
Even if you desire to do so then execute a family settlement and get that become a decree of court. It means your bother and sister shall file a civil suit claiming their full ownership over the house and during the pendancy of thhe suit, a compromise shall arrived at and accordingly the suit shall be got decreed.
Amit
(Querist) 20 December 2012
Is this the safest way as per my query, please explain briefly and that should not be challengable.
Raj Kumar Makkad
(Expert) 20 December 2012
This cannot be challenged and entire process has already been briefed to you and leave some part for your lawyer also.
Sudhir Kumar, Advocate
(Expert) 16 February 2013
This will be m ost unsafe way.
Courts are full of proerty discputes of brothers and sisters. You want to voluntarily be deprived of share in favour of brother and sisteres?
do you think they are from other planet and will not swallow your share in next parts of life.
Even if the house is transferred to anyone, DV act will stop you from throwing her cout.
prabhakar singh
(Expert) 16 February 2013
The law you state is not in force.
Between the two options you can opt for option no 2 for the purpose you intend;BUT
WHAT IF IN FUTURE YOUR BROTHER AND SISTER ALSO DESERT YOU.THEN IF CAN NOT AVOID BETTER GO FOR A CONDITIONAL GIFT SUITABLE TO YOUR CIRCUMSTANCES.CONDITIONS SO IMPOSED MUST NOT BE IN YOUR CONTROL BUT IN THE CONTROL OF DONEE AS LAID IN 126 OF THE TRANSFER OF PROPERTY ACT.
