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Raj Saxena (none)     18 April 2013

Can the gift deed before divorce be revoked by court

My marriage was also done in hush hush and I didn't get much time to evaluate her. Before the marriage, once in a while I did observe her fighting with and howling at auto drivers or vegetable vendors but I thought that she is being careful about spending money. No sooner we got married and she moved into my house than she started fighting over petty issues.


I am a cleanliness freak person and I do not like things spread around the house. She, on the other hand, is pretty random in her behavior. She would leave the bedsheets unfloded, she would make the sofa and bed crumpled each time she would get up after sitting at a particular spot, she would take a shower and leave the wet towel on bed or on sofa, cook curry without washing the vegetables and the list goes endlessly. And whenever I tried to make her aquainted with the way I would prefer to live and tell her how to blend in the family but she would always start her argument and would start fighting (and then when I compared her with what she looked to me when I saw her fighting with auto drivers and vegetable vendors before marriage then I realized that this is how she is and its inherent in her to fight and create issues).

 

She also has this personality disorder because of which she would talk to every old or new (even if she meets him or her the first time) and tell them all the chaos at the home complaining about me and my parents. She even starts gossiping that we are not sleeping around together. There are plenty such incidences where she has reached out to my friends and gossiped about our unhappy marriage. Some of my friends even started avoiding me.

 

During our marriage we didn't take any dowry - no cash, no property no car. There were some expenses of about 5 lakhs which they paid during the wedding so we returned them that money as well and have a recorded converstaion of the same. I am sure this recorded conversation will help me to potect myself in case they claim that we took any dowry.

I am planning for a divorce. I have a house which is in my name. I am planning to gift deed my house to my sister (or mother) and then file the divorce.

My question is : Can the court revoke the gift deed if my wife contests the divorce ? Can the law pointout that this gift deed was contemplated and pre-mediatted before divorce and hence it would benullified ?

Maintenance is not should not be an issue in my case because my wife is an engineer, she works in a large MNC and earns more than half of what I earn. Not really sure but she has a house in her name as well in Gujarat so she wont have a change of living status after he divorce. Hence I dont think maintenance wont be an issue - am only particular about the house which I want to protect.



Learning

 6 Replies

Chetan Joshi (Advisory/Advocacy)     19 April 2013

I think that judge himself would not point out but this could be contended by your wife's side.

 

It should not affect the status of ownership of the said property.

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Ajit Singh Cheema (practising Advocate)     19 April 2013

The gift of self acquired property duly made ,and accepted by the donee,cannot be cancelled on flimsy grounds.

Ajit Singh Cheema (practising Advocate)     19 April 2013

The gift of self acquired property duly made ,and accepted by the donee,cannot be cancelled on flimsy grounds.

Ajit Singh Cheema (practising Advocate)     19 April 2013

The gift of self acquired property duly made ,and accepted by the donee,cannot be cancelled on flimsy grounds.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     19 April 2013

It seems you take decisions in a haste, 

"once in a while I did observe her fighting with and howling at auto drivers or vegetable vendors but I thought that she is being careful about spending money."

and  you obeserved that

"She also has this personality disorder"

Before pulling into legal battle CONSULT PSYCHRIATIST AND GET TREATMENT FOR HER PROBLEM 

It is not curable then think about legal remedy.

 

Property issue you can gift or sale to some one:  Be sure before taking decision;

 

You may or may not get better than present wife.

 

Good Luc

K.K.Ganguly (Advocate)     21 April 2013

1. Your property has no connection with your being granted a decree of divorce,

2. She will have no claim on your property while being given the decree of divorce,

3. She may claim & you may be directed to pay an amount of alimony which you shall have to comply with even without having the property,

4. Though it is a fact that  her alimony will be decided on her requirement as per her status & your ability to pay the same, a gift deed executed by you before filing the Divorce case is not likely to be revoked by the Court to make you capable to pay her the alimony which you are otherwise not in a position to pay. 


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