divorce related

Querist : Anonymous (Querist) 11 June 2011 This query is : Resolved
sir/madam
i married 2 years before and i have a one year aged daughter. my wife wanted to take divorce from me.
five days before our family inheritance property divided and in that i got a share of 14 acres and my father 6 acres and my fathers brother 1000000/- rupees and his daughter got 500000/ rupees which is registered in sub registar office.
now my question is whetehe my wife will get share in my property? if yes can i change that deed by getting fathers property to me and my property father.

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PALNITKAR V.V. (Expert) 11 June 2011
The property acquired by you under partition would be your self acquired property vis a vis your wife. Your wife can not demand any share during your life time.You can make a will of that.

Querist : Anonymous (Querist) 11 June 2011
sir the above property is belongs to my fathers father and we have shared the total family property in above ratio. what i wanted to ask you is the shared property is inheritance property. so the wife along with my 1 year old daughter can get a share in that?

Querist : Anonymous (Querist) 11 June 2011
please reply sir i am getting tention that whether can i cancel or alter the registeration done by us 5 days before

R.Ramachandran (Expert) 11 June 2011
Dear Anonymous,
With the coming into force of HSA (Amendment) Act, 2005, your daughter has become a coparcener and she is entitled to a share in the ancestral property. Since the partition deed had already been registered in the Sub-registrar's office, willy nilly you have become the owner of 14 acres of land which is a coparcenary property in your hands. You cannot do anything like changing to your father's name and getting your father's share to you etc. etc. If you have to do it, then first you have to partition it between you, your daughter and your wife. Only your portion you can exchange with your father.

Querist : Anonymous (Querist) 12 June 2011
with the permission of my wife to do so can i trnsfer my property to my father and by getting his portion to me?
by registering in the sub register can i do so?

Querist : Anonymous (Querist) 12 June 2011
ramachandran sir please suggest me that now my wife not sent me any legal notice she is planning for that. but by registering in sub register can i tranfer my share of property to my father by taking my wifes consent in sub registar office?
my daughter is only a 1 year old so daughter consent not required. i can do so by taking wifes consent and register the property to my father in return taking their property to me

R.Ramachandran (Expert) 12 June 2011
Since it is an ancestral property, your daughter can get back at it at any point of time. So, by transferring the same to your father's name with the consent of your wife, you cannot really get any relief. There is no legal necessity for such a transfer and therefore the child's right cannot be affected by you in this manner. The minor child will question your move very successfully when she attains majority.

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