satnamsingh 12 June 2018
Raghav Arora 12 June 2018
Dear! To be exhaustive and explanatory about the maintenance question, amongst other factors, It is necessary to know here that -
1. By which mode the property has been transferred by your mother in your favour ? Was it a sale deed or through a will or a gift deed or any other mode ?
2. When did you get married ? How many kids do you have ? With whom do they live ? Whether you both stay together or separately ?
3. What are the proceedings going on in courts between you two ? Whether she has filed any case or cases against you or have you filed case or cases against her ? What are yours and your wife's sources of income and education ? etc etc..
If she is capable of maintaining herself,has no other responsibilities regarding kids, and other things, she will not get maintenance. (Depends on the facts and positions of the parties litigating).
Talking about your questions, firstly - Normally the transfer deeds already executed cannot be cancelled for such ulterior motives, specifically when the litigation is already pending in courts. If there is no litigation going on in the courts, then you are advised to dispose off your property to a third party and not to anyone in your relation.
So making your family disputes a reason for cancelling the transfer deeds will not be allowed at all by the courts.( Second question) .
Please feel free to ask further questions, if any! But also make it a point to provide complete information on the questions asked above so that your matter can be further clarified. Good Luck!
satnamsingh 13 June 2018
Raghav Arora 13 June 2018
Yes! As a safety measure, before any litigation is imposed upon you, transferring the property in the son's may be considered as an option. Your son must have attained the age of majority to hold the property. He should not be a minor. In case he is a minor, you can transfer the property by the way of gift.
satnamsingh 13 June 2018
Kumar Doab (FIN) 26 June 2018
The senior citizen mother can claim the property back…and even maintenance..
There are many threads on similar query at LCI and you can search by using the SEARCH option in threads, Articles, etc and even download the judgments….
e.g; Article under my profile..
Kumar Doab (FIN) 26 June 2018
You being title holder can dispose the property in favor of your minor son…by a valid/registered deed ..
You are counting income. Count liabilities also and keep irrefutable record.
Further your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..can guide after examining all case related docs..
Check for such counsels at LOCAL civil courts, HC……
Kumar Doab (FIN) 26 June 2018