Property bought in wife name how to transfer in to my name before mutual divorcee

Ganapth (Querist) 01 May 2013 This query is : Resolved
Dear Sir / Madam,

i had applied for mutual divorcee in family court,my wife is not working and she is from lower income group family,our marriage took place on 2005
i had bought two residential plots from my own earning on 2007 each 2400 sq ft, these plots are side by side in the layout plot NO: 33 and 34,located at Karur Tamilnadu, one was registered in my name and other in my wife name, before getting divorcee how can i transfer the plot registered in wife name to mine ? (Gift settlement )
please note i had not taken any money from my wife or gold to buy this property it is solely from my earnings
My wife is willing to get the property transferred in my name before divorcee (i had already settled alimony to my wife RS 15 Lakhs which is mentioned in divorcee application)
PLEASE inform me the procedure

thank you

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Adv k . mahesh (Expert) 01 May 2013
you can make gift deed means a less stamp duty or make a fresh registration paying full stamp duty again on your name

Guest (Expert) 01 May 2013
You cannot transfer yourself without herself being ready to transfer the same. Would she be ready to part with the property, which is in her own name?

Raj Kumar Makkad (Expert) 01 May 2013
As the querist has already mentioned that his wife is also ready to transfer the mentioned plot in the name of the querist prior to her divorce so it can easily be done within a day to perform by way of a registered gift deed. It shall be better if the facts leading to acquisition are also mentioned in that deed for future complications, if any.

R.K Nanda (Expert) 01 May 2013
no more to add.

ajay sethi (Expert) 01 May 2013
agree with experts

prabhakar singh (Expert) 01 May 2013
Even if you have proof that consideration to plot owned in your wife's name was paid by you,legally it would be presumed that it was bought through benami but for the benefit of your wife(s.3(2) of the Benami Transactions (Prohibition) Act, 1988).

Hence you can not now get it back unless your wife agrees to transfer it in your name by some inter vivos transfer.

Or you file a suit to get it back by a decree of declaration on your prove that it (a)was benami,(b)and was bought by you for your benefit and not for benefit of your wife.

Nadeem Qureshi (Expert) 01 May 2013
agree with experts, nothing left to add

Raj Kumar Makkad (Expert) 01 May 2013
I think the experts have not read the query carefully and are replying the query presuming certain facts. The author has clearly said that his wife is ready to transfer the plot in his name. There is no dispute over this fact. The question is limited just over the mode of transfer. MCD has to get finalized within 6 months time whereas the suggested civil suit, if unnecessarily filed, shall definitely time a long long time to decide.

Sudhir Kumar, Advocate Online

(Expert) 04 May 2013
if your wife is willing the house can be transferred. Why should she be willing? You should feel extremely lucky even if you get just one brick of the house.