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Kiran Kumar (Software)     10 January 2015

Crpc -125 help needed

Hi,

My wife filed maintenance  case in Jun 2013. During reconsiliation she told judge that she is willing to come back if I write my house in our minor son,by keeping her as gurdain. I orally accepted it, Judge asked me to submit memo in court with both of  signatures. Mean while judge suggested  her to stay  with me. She came to my house in Jun-2014. Once she come here, I did full general checkup for her and doctor found one major operation is required to her brain immediately, which I have done with my own expenses.

 She mentioned that she will give me a shock once I have put the house in the kids name( This she told before health check up when she was healthy). For las two adjourments we did not went to court as it advised against travel for her., my next court date is May 7tj.

I have few quires.

a. Is there a way to do some form of conditional gift deed by E.g., saying the house will be gifted but If in case kid is not staying with me future, I will cancel the gift deed ( If it is not possible request you to suggest something that is possible in law , as she is saying she will give a shock, I want some precautions

b. If she dont accept for such condition in gift deed and will proceed with the case, will it help in my  maintenance case to prove that I have not deserted her, as she is staying with me for more than eight months? I  also admitted my son in good school.

Greetings!

wish you happy new year



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     11 January 2015

Dear, Better make a will, gift cannot be conditional .... Only conditional sales are allowed ..... Kapil Chandna Adv 9899011450

Kiran Kumar (Software)     12 January 2015

a) Thank you kapil, but my wife is asking only gift deed. In gift deed I heard it is possible to add conditions. Please confirm

b) Is there any help in my case as I have been taking care of her for more than six months and say that I have not deserted her

saravanan s (legal advisor)     21 January 2015

yes its possible to state conditions as you mentioned in a gift/ settlemt deed.you must also state that in case the conditions are not satisfied u can revoke the gift to ur name 


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