fighting back (exec) 20 March 2012

Gift deed to brother of share of my property before divorce

Dear experts,

kindly advice on my following query, i am filing for a divorce on grounds of cruelty (husband) it is expected to be fiercely contested by my wife, i dont know how long, or what would be the outcome of the case, but in case of a divocrce going through, i dont want my share of the property to fall in my wifes hand,

me and my brother are joint owners of a one bedroom flat with my brother being the primary owner and i, the secondary owner, the flat is bought on a loan from SBI, which is still going on, in case of a divorce, can a flat ( which is technically owned by the bank) be divided into a share for my wife too. (my brother is unmarried)

if yes, can i make a gift deed to my brother and give away my share of the property to him 100 percent, in other words, can this gift deed save my share of property of falling in the hands of my wife, i am willing to pay the monthy maintenience but dont wish to do away with the share of the property.

kindly advice.

thanks

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6 Replies

Ranee....... (NA) 20 March 2012

If your brother kicks you out after he gets married?

Nandha (NIL) 20 March 2012

@rajanjoshi,

I agree with your thought to gift your share to your brother. If you have good relationship with your brother, you can do so, otherwise you can gift your share to your parents and thereafter let your parents execute a Will that after they die, the share will be passed on to you with all rights and not to your brother or anybody else. This way your share is safe and will not fall into your greedy wife's hands. After divorce matter is settled, your parents can gift it back to you.

Regards,

Nanda

Adv. Chandrasekhar (Advocate) 20 March 2012

you can gift your property to any one you like, but once after giving the gift by way of registered gift deed and actual handover of the possession of the property, you cannot seek legal claim on it, until you get it back by way of legally permissible methods, i.e., gift deed, relinquishment deed or sale deed.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 20 March 2012

Rightly said.

Wife can not lay claim on this property in divorce suit anyways.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

sri (ceo) 20 March 2012

you are gifting because you dont want to give wife share... this creates new set of problems for you... your wife cannot get share in your property... what she gets is maintenance and alimony... if she has deserted then she will get nothing... dont play with gift because no one knows how time changes and as said... cant reclaim it back... if you cant trust your wife... trust none... because the whole world to you is after her only...

face facts head on... p(l)ay fair