Virat.legal (working) 04 June 2014
Hi ,
I am thinking of filing Divorce on the ground of mental cruelty to my wife(She is putting blame and is not coming back).
Before filing should I transfer the matrimonial House(which was bought by me before marriage) which is registered on my name? If I do a gift deed of house property to my Mom and then file divorce, would that help?
Can she still claim to live in that house?
Thanks
Gautam Kapoor (IT professional Studying Law) 04 June 2014
yes you can/should take precautionary steps for you safety.
Laxmi Kant Joshi (Advocate ) 04 June 2014
Virat.legal (working) 04 June 2014
Can her lawyer claim to reverse the gift deed , as it was done just before filing divorce and when we lived together it was on my name?
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 05 June 2014
If you do not wish to loose your house property, why do you think divorce.? You can settle the matter through mediation sit with elders from both the sides.
Biswanath Roy (Advocate) 05 June 2014
Settle the matter amicably by mediation through your common family friends and relatives. If the matter is not settled amicably then only think about mutual divorce.
Advocate Ravinder (Advocate/Attorney) 05 June 2014
By merely gifting the property to some third party, you cannot escape from your obligation. As per the Domestic voilence Act, if you do not have house of your own, you should take a rented house especially for your wife for her accomodation and shelter.
T. Kalaiselvan, Advocate (Advocate) 05 June 2014
Your property cannot be snatched away by your wife at any time, her rights are limited to residence i.e., right residence as per law, she has not been empowered by law to claim share in your property during your life time as a right. Therefore act wisely so that it does not turns up to another grave mistake.
Virat.legal (working) 05 June 2014
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 05 June 2014
If you want to safeguard the property, the transfer should be against consideration. Gift deeds can be annulled on mala-fide.
Besides you would have to pay rent, if the lady has no place to stay.
Regards,
Virat.legal (working) 05 June 2014
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 05 June 2014
You have been advised to transfer the property against consideration.
Regards,
Virat.legal (working) 05 June 2014
Thanks but I could not understand it. Could you please explain. I am a layman in this area. So please explain this "You have been advised to transfer the property against consideration."
Advocate Ravinder (Advocate/Attorney) 05 June 2014
@ Virat.
At the most she can claim her right for shelter, maintenance only. She has no right to claim any property rights in your property.
Virat.legal (working) 06 June 2014
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
