Fate of self acquired property on divorce

Dear Sainath ji & shonee ji,

My property (plot) was gifted to me by my mother before my marriage. I built a house on the plot before my marriage itself.

No court is going on at present.  Now, I want to transfer the entire property (land + building) to my parents name through a gift deed.

The query is: Can my minor son can still has the right of share in the property?

Please clarify,

Thanks,

Nandha

Dear Nandhaji,

Child born to you will always have a right over your property.You want to transfer it to your parents by way of gift.How many brothers and sisters do you have?

@Nandaji,

The property in your hand is your self acquired property.  If there was no impediment from your mother's part while gifting plot in your name at the time of her gift, you are the absolute owner and you can gift it to any one you like forgetting your wife and child.  They cannot claim any thing out of it.

Dear Mr. Sainath,

I do not have any brothers or sisters. I am the only son to my parents.

Dear Mr. Chandu,

There is no impediment from my mother's side while she gifted the plot to me. At that time i was not married.

My query is:

After the property is transferred to my parents name through gift deed, will this property be considered for permanent alimony in the divorce proceedings?

 (OR)

Can my wife claim a share of this property on behalf of my minor son? (Mr. Sainath said that child will always have right over the property of father).  

Please clarify.

thanks,

nandha

It becomes ancestral property for your son,once it is transferred in the name of your mother.Though the property may have originally belonged to your mother,it was not self acquired.She has transfered it to you before marriage and you inturn want to gift it back to her.That way you are giving every chance to the opposite lawyer,to act more intellegently.Hence my opinion is,either your wife or on behalf of your son,as a gaurdian,your wife again can claim a share.These are my pesonal opinion,from legal point of view and may differ from the expert opinion.

I agree with Sainath.

@sainath, @Shonee ji,

Thanks for ur comments.

What option do I have now to safeguard the property from my greedy wife? Since no court case is going on now, can I sell the property?

Thanks

nandha

Sell it, Gift it and get the gift deed registered and property transferred to the donee.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com