Saroj Kumar (Student) 02 October 2013

Any update on new irbm rule?

How about the new IRBM? My wife not staying with me for last 2 years..I filed RCR and case is going on.. No any sign for her joining.. Simply she is dragging the RCR case..(any way she is not fool, her uncle is lawerer one is DSP and another is minister). So they want to trap me.. For taking extra precaution, I am planning to transfer my property to either mother or brother's name..Which will be more safe (Brother or mother).. In case in the name of mother then will it again considered as parental property? If I will transfer to any body's name then, how it should be? Selling or simply transfer and can say that during my study I borrowed money from him or her.. So I am giving this (either to brother or sister).. One thing is that as later during alimony stage will come, I want to say that my widow mother is dependent on me, so I am trying not to give much in her name.. As our RCR case is going on and may be divorce case will start soon, which is much earlier than the new IRBM law (incase coming in future), so is such case my case will run according to the basis of last case or will go under new law) Can you suggest me on this?

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Tajobsindia (Senior Partner ) 02 October 2013

1. Read newspaper regularly and check when Parliament will be in session. That is the time it is said that IrBM, 2013 may get introduced as day’s work.

2. When IrBM 2013 ever becomes Amendment in main Hindu Marriage Act / Special Marriage Act as the case may then be, then in context to your brief’s question before me, it is advised to sell the named property 'now or very soon' instead of transferring or gift deed them to blood relatives. Reason being currently you have RCR as a ‘live’ activity which will reflect as reference in future Court proceedings by either party and the past property title status then will be referred to if not 'sold' and proceeds from such 'sale' should be shown as ‘expenses’ before proposed Amendment in Hindu Marriage Laws is Notified is my view.

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Saroj Kumar (Student) 03 October 2013

Thank you Taj Sir,

What is difference between, transfer and selling.. I can say that I sold the property to my brother in law or sister (who is married), because during my study period at abroad I borrowed money from them.. Will be it help in my case?

Is this law already passed through Lok sabha?

Please help me in this regards..