John (Sales Engineer) 09 June 2012

Family settlement deed

I have planned to trasnfer the property to my mother (property is acquired before the marriage) through Family Settlement Deed, since it is less expensive when compared to Sale Deed. The purpose of this transfer is to protect the property from my wife, since the marriage relationship is heading towards Divorce.

(1) If she goes for a litigation do I have a strong case to defend the property without any share of the property to her.

(2) Do the court have powers to nullify the family settlement deed

Need a clear advice.

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3 Replies

M.V. Anoop Kumar (Associates Head) 09 June 2012

Dear sir,

You can Gift the property to your mother through a gift deed. but u shloud also c to that when was the property obtained whether it was obtained before marriage or post marriage.

Advice to you is transfer the property to your mother and obatin a mortgage loan on the said property to your mother, wherin the property will be secured as because your mother becomes a law full owner of the property and the same is been mortgaged. Even thhough your wife contends for the share in the said property as it was obatined by family Settlement, she or her lawyer thinks about the mortgage again and your ll be secured from making the said property as an attachment in seeking a share from that property.

Regards,

Anoop Kumar

Advocate.

Anjuru Chandra Sekhar (Advocate ) 09 June 2012

Don't know whether you are a Hindu or Christian, but wife cannot get a share in husband's property as per Hindu law yet. She is only eligible for maintenance/alimony.