Is it safe to buy property while 498 complaint in Women Cell

better keep the cash out of her knowledge.

if she not employed, then definitly will claim maintenance etc.

It doesnt matter if you purchase property with your own income. its all yours and you can do whatever you want. If your wife files maintenace case you are bound to pay her montly maintenace as ordered by the court. If you fail to pay the maintainance then only she can claim maintenace by attaching your salary or property. you cant flee away from your responsibility to maintain her and your child unless she is capable to maintain herself.

if your mother is in your confidence - may purchase in her name.

property is one of the factor in maintenance case.

Thanks Ajit and Arup for your valueable suggestions.

She knows about my account as its a salary account. She was employed earlier and is well capable of working. Infact i know that she is trying to find a job right now.

I dont mind paying expenses of my child but dont want to give anything to that b*tch and my in-laws for their use.

I will be taking a loan to buy property and dont mind if i have to buy it on my mother's name (not sure if loan will be possible this way) But need to make sure she cannot claim any part of this property.

One more query to add..  Will she have any rights on Property bought now in case the matter ends up in divorce?

It would be certainly looked in to by the court , I mean the motives of buying property at this time. some judgements have opined that in cases where one tries to hide the income details, there income would be guessed as per their designation, the company profile etcl. You will be paying maintenance in accordance with your salary minus necessary deductions. If you show too much laibilities, there are judgements according to which those deductions would not be taken into account. 

You cannot call your wife b*tch in this forum. It's already conveyed by the administration of this forum by deleting threads several times when such derogatory words are used against women. You are fighting a case against her, that does not make her a b*tch. She will claim maintenance if she is not in the job or if she is not earning enough to maintain herself, if you have guts call her b*tch in front of the honorable judge. If you really want advice, your thread should remain alive, and it will not if someone reports abuse for the reason that you have used abusive language in a forum dedicated to law and lawyers. 

You can waste your efforts in putting money elsewhere, but she may sent summon to your company to produce your salary details. 

Hi Ambika..  I apologies to forum members for using abusive lang.. somehow could not control my anger and frustration for putting me in this situation by making false allegations against me and my family..

Coming back to matter, I dont intend to hide anything from court. I havent done anything wrong.. no dowry no voilence its just difference of opinions with wife and too much interfarence from my in-laws that landed me in this situation. I infact had offered her for counselling before she filed a complaint.

I genuinely want to buy property for better future as i am paying huge rent living in metro city. So atleast i will be able to get rid of rent after couple of years. Since i am unsure that my wife may claim a share i want any investment to be safe and done want to pile up money in my account for waste and so came here for advice.

@ Author

1. After paying attention to abusive re. to a metro wife the primary advise is not to buy any property till all matters settled between you two if you are salaried class person.
Reasoning: No matter whatever permutation combination you use to register and or Gift Deed the property it will end up into The Benami Transaction (Prohibition) Act, 1988 since marriage has not subsist between you two as of date!

2. Suggest to speed up contesting the current two main issues between you two (maint. to metro wife and custody of child)

 

Thanks Tajobsindia and Rajeev...

Yes i am salaried class and hence cannot hide anything about income.. I dont want to follow any illegal route and confident that any cases filed against me (498 or DV) will be in my favour as all allegations are false and without any proofs.

I am still confused as suggestions from both of you are conflicting.. Does court consider account balance for maintenance/divorce case or only monthly income? Any second thought on this please...

Just to re-iterate.. I will need to take a loan for property and give EMIs from salary. I may opt for a property not available for immediate possesion because of cost factor..

@ Author

I will clarify first and ld. Rajoo may choose his own path as he may please to your this que addressed to both of us;

1. If the property is bought from your income and is a self acquired property during divorce and is on your name then she has no rights in its share whatsoever.


2. if the property is bought from your income but for tax purposes is registered in joint names of your wife and yourself and some activity in Court (Divorce / maint.) then she has rights under Benami Transaction (Prohibition) Act by showcasing the same as far as property shares are concerned.


3. If the property is bought from your income and is a self acquired property during divorce and is on your name then she has rights for residence if she can't show any other residence for herself that also under DV Act. Here if both of you living in different Districts / States then she may claim equal rental amount showing your self acquired property as matrimonial home. it is GK now-a-days that where Husband lives is matrimonial home of wife irrespective a divorce of maint or dv act cases in court or not.

Hence I stand by my main advise that is not to buy property but speed up all cases in court that way she will also have less bargaining power left other than getting over with cases asap.

Hope by above three combinations of real situations you are clear what to do on future property issues ?

@Tajobsindia

in case if property is purchased in the name of mother, can wife claim in property ( at present or after mother), can she claim more mentainance from husband as his mother has property, does she has rights for residence, does it become her matrimonial house to claim rent?

@Tajobsindia - Thanks for elaborating in detail..  I stay and work in Delhi and my wife is with her parents in Punjab (their own house) from last six months.. Issue has not reached in court yet and still pending in CAW cell..  Going by your opinion i think i will wait to see through initial approach of my wife and in-laws...

Thanks a lot...

@ Author

See you are not getting the real picture after three scenarios explained in last mail;

1. If you say you are registering property in your mothers name and yet live there since local rentals are high then as per DV Act that residence of yours becomes her matrimonial home and not shared residence mind it and offcourse she has no property share rights in such scenarios at the end of the day but then another side you say you are going to do it under salary / income transfer (sale / purchase / loan whatever) but registering it in mothers name so things are going to come out during evidences one way or the other and she will get money for her residence as maint.  



2. In your last que. case what she will do is use DV Act for right to residence and suppose it gets dismissed then she can always claim rent for her residence as Law says she can't be asked to live in a bus stand (I mean shelter home)! Did you not get it ! Ultimately you are like a water melon either a knife falls on you or you fall on a knife end result is that a watermelon gets a puncture wound (that is maint. to her) either this way or that way.


Now Hon’ble SC says that fathers self acquired property even a “illegitimate child” has share upon it even if you try to dispose it off as per your moods and modes in future but then Law is evolving so the way outs are many too simultaneously in existing laws and I am sure you will a way out soon.


So end of all these discussions what stands out is that kindly adjust high rentals currently for few months and strive to end the matrimonial cases in a fast track way asap with least damage is bottom line. Otherwise yes, you can buy a property and register in your mothers name or any female relatives name but then during court cases donot live in it so that its value / registration papers does not come on court records and there have been recent court judgments where even a Hotel Room is considered as matrimonial home for a firang wife to file DV act against her Indian husband and she was provided equal rentals to live during court cases so you see how disadvantageous position a Indian Husband ends up in these gender biased Laws circumstances.

Bro. the seedhi si baat is very simple either fight tooth and nail OR simply fight it in speedy way to end all asap and there is no other middle path.


This is my last bandwiddth reply to your thread kindly wait for any and or other experts to give their legal inputs on these discussions.


However all the best.