Father-in-law's property
nidhiramsardar
(Querist) 19 January 2015
This query is : Resolved
Dear Sir,
We are a family of five. My parents, wife, minor daughter and myself. Currently we(my parents & me) are having some problems with my wife. For some "unknown reason" my wife is not keeping any relation with three of us for a long period(almost 4 years), though she stays in the same apartment we are staying. Neither she speaks to any of us nor behave properly. We tried many times to resolve the case by involving her parents and other senior members of her family, without any result.
My father has bought two properties (including the apartment we are currently staying in) in my name. Now he is so much disgusted with the behavior of my wife that he has decided to arrange such a thing so that my wife can't claim on any of them in case she files a divorce suit (and claim on properties in my name) or in absence(death) of me.
Kindly suggest a way with least possible expenditure, so that my wife can't claim on the properties my father bought in my name.
Regards,
Advocate M.Bhadra
(Expert) 19 January 2015
Purchase of property by your father in your name will be treated as your self acquired property, but your wife can not claim the property during your life time and after decree of divorce.
The Hindu Succession Act,1956 provides for one share of the self acquired property of the husband to the wife as his widow that is after his death not during his lifetime and this too with a condition that the Hindu husband dies intestate that is without leaving a Will.
P. Venu
(Expert) 20 January 2015
The onus for any action in transferring the property is on you, not your father.
Rajendra K Goyal
(Expert) 20 January 2015
The property in your name would be treated as your self acquired property and presently you are free to dispose it as you wish.
ajay sethi
(Expert) 20 January 2015
you can execute sale deed or gift deed in respect of said property
malipeddi jaggarao
(Expert) 20 January 2015
You are free to deal with the property. However, though she cannot claim any share during your life time, but if she claims maintenance, she can include the income from these properties to claim higher maintenance.
T. Kalaiselvan, Advocate
(Expert) 22 January 2015
She has no rights in the said property even after divorce. Therefore your fears are unnecessary.
