Right of spouse in land property

mr. krisna,

                  if you want to avoid any complications or litigations on your flat you have certain problems.. if you wanna gift to your father there is a problem with regard to your title.. coz unless u become a owner with complete rights u cannot transfer any immovable property in the name of anyone.. i need to know what are the EMI s still pending.. only then i can suggest u ...

1. Go ahead with the divorce petition but watch out for cases that she might file against you as a counter blast (See 498a etc)

2. As regards the property - as of now as the law stands - she has no proprietary rights in your self acquired or ancestral/residential or commercial/acquired before or after marriage - PROPERTY. But some law is on the cards, so it's better for you to gift it to your near relatives, the law might have some retrospectivity and this gift can be opened up if a law is passed later, on ground of being colourable and meant to defeat her rights. So if you are getting a good price - sell it off to a third person, this way she won't be able to claim it. 

untill u complete all the EMI s u cannot be the owner and ur property must be hypothicated to some bank obviously .. then the bank will have the lean over the property... dont worry about the transfer..

As per my understanding,

If plot is registered with your name, you can always sell it.

EMIs, if any, can be transferred to the buyer. 

Expert views?

Hello Everyone,

Thank you for the responses.

I am the owner of the plot.  It is a residential land.  There is no EMI pending.

I may have some losses if I sell it now. What if I sell this plot after filing divorce petition.

@adv bharat: Is gift deed can be reversed?(  Keeping IRBM law in the mind)
 

Thank You.

Dear Mr. Krishna,

So far your property is concerned, as the same is registered in your name and your wife being well aware about it, you need to take precaution prior to filing divorce petition. Law has changed as regards right and interest of wife in immovable property is concerned. By the amendment wife is having right share and interest in the property which stands in the name of husband.

Presuming that the divorce petition has not been filed by either you or your wife as yet before Court, you even though sell the property to any third person, your wife can ask you furnish details of the same and once the details are there that the property was sold by you, she can claim as of right her share in the monetary benefit which you gained by selling the property.

So far as gift deed is concerned you can gift the property in the name of your parents as you said. The same shall attract stamp duty to the tune of 2.5 % on the valuation of the property with registration charges. However, for completion of gift you will have to hand over possession of the property (house) to your parents as under Hindu law for completion of gift there needs to be transfer of possession of property.

As regards your qyerry that whether gift can be reversed. No, gift cant be reversed. However, your father may either execute fresh gift deed in your favour or else can give the same to you by virtue of Will-deed.

I would suggest you to go for execution of gift-deed  before filing of petition for divorce so tomorrow your wife won't be able to make a claim in the property though the same was purchased by you and she is or was aware of the same as gift deed would curtail her right of claim of share as per amended law. 

Further as regards refraining your wife from lodging complaints as against you which she may or might prefer, as a matter of abundant precaution, you can prefer representation/application/complaint with police station within whose jurisdiction you are residing informing them that your wife is not staying with you and has moved out of your company without your knowledge and has not turned back. That, this complaint/representation/application will support you and help you in your case in the event if at subsequent point of time your wife chooses to lodged any complaint as against you U/s 498-A of I P C. Not only this, the complaint lodged by your wife shall become an after thought as your complaint/representation/application with police is already there with police authorities.