normalcitizen (support) 04 January 2015

Transferring selfearned home to parents,dv divorce inprogres

Hi,

its just that, only son..and waited for my queen for good 30 years..and

just found match... but on marriage day itself...at time of leaving marriage hall...Lovely
told things...which shocked me fully...my life was shaken...cann't post those things here... but summary : She was not at all wanted to get married...but just coz of pressure from her family, she married for namesake---->..my life got fully ruined...like a JOKE...

and as expected...got into full boquote of cases...

being only son... all things are on my name..and everything for me...was HER... :) mental,physical,social.....

but, now I realised how I was ginipig... time is gone..

now, parents are retired... they don't have any savings... no flats or land in their name. before marriage ..they transferred everything to ME...

now, Domestic violence , 498a .. divorce ... etc.. cases in progress... and she ordered to produce all property docs...

now, just wanted to know... whatever my parents hard earned house ...they transferred to my name..

can I give them back or do any gift deed... Lovely has not paid a single paisa ... and that house was prime for parents..its their whole life's earning...

Please, can someone help me with is there any way to save that.... I can not sell that off...as that house has emotional value... its brought with hell lot of efforts... my parents walked 5 kms... just to save penny... and over years..they bought that...

but Lovely will sntach that away... just at her whisk.... She earns good chunk of salary which is almost comparable with my salary .. she is double masters... but still has ruined my life and will impact by finances to my family ....

Guys, any way to save my house... if I can do transfer to my parents name.... or any suggestion ...

All Cases in progress. There is no court order/no objection on house..and I am complete owner...Lovely has not given a single paisa to house...

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3 Replies

K.K.Ganguly (Advocate) 06 January 2015

1. Your wife has no share/claim on your property during your lifetime,

2. She can claim maintenance, residential right etc. but not your property,

3. You can gift or sell of your properties.

1 Like

rising up again (FFF) 06 January 2015

hi..

If your cases are in court.....its not that easy to sell / gift your property.... to even your parents... !!!

Understand the scene........

When you gift the property to your parents, then as the property is not yours, you will try to throw your lovely out of that house (incase she is still living with you)...............and if you do that..... SHE will shout in the courts that you intentionally gifted the property... to your parents JUST TO throw her out from her matrimonial home....... Then the court, may consider that to be done with malafied intentions, and even revoke that gift deed. Hence, the entire effort goes in waste and also you loose that harassed husband image in court... as you will tainted as the mastermind etc etc...

You may however sell your property to a trusted friend/ relative (only on papers) and then shift to a rented accomodation......After few months....you ,may transfer the same property to your mothers name.... BUT for this too, you will have to build up a reason why you had to sell your property.... specially in your accounts. You may show that you were broke / had to pay some vendors / had to repay loans....etc etc....

BUT DOING THE ABOVE WONT BE THAT EASY AS IT SEEMS................ Till date the LAW does not give any right of share to the wife and hence.....no need to worry abt that... She cannot ask for a share....except some maintainence amount during the court battle......which again is not relevant in your case..as she is also earning good.....