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amit (Home)     17 June 2013

Gift property divorce

Hello,

I am fighting for divorce and have a flat which is still under construction and I am the sole owner of the same.
I want to protect the same by not letting wife take the same or claim a share in the same.

What are the ways of doing it.
I read some views which have been here..

1) Make a gift deed in favour of my parents and have them write a will for the same.
   (My question is as the property is still under construction can I do the same or I need to take posession,register in my name and then execute a gift deed.).
2) Sale the said property and have the white money in FD and use the black money wherever I want to use.


Can some one pls guide me.

Thanks
Amit



Learning

 5 Replies

Hemang (Advocate)     17 June 2013

Provisions of Section 12 under Women Protection against Domestic Violence Act, 2005 are very clear and admit of no ambiguity. If the husband has his own self acquired property, or has got it on leave and licence, or on rental basis, it would afford a very firmer ground for the wife to share household. Please note that there is no "escape". And if you trasnfer, alineat, or gift out the said property, the right of the wife cannot be done away with. Be it clearly noted that it amounts to "economic abuse" within the meaning of domestic Violence Act. Any transfer by whatever name called would be absolutely illegal and void. One is sorry to say, but the statutory right of the wife is created, moment the property is acquired.

 

If you think to get the registration in the name of some other persons, the property may be highlighted in the name of those persons. And perhaps, it may be difficult for the wife to trace out your "right, title and interest". It is likely that all paper juglery can be made, but the fundability of the residential unit may be still subject to account in what is called shared household.   

amit (Home)     17 June 2013

I understand that but I am asking what are the loopholes of doing it.

Also nobody wants to have a divorce but when once is forced it need to be protected as this has become more of a business than anything else.

 

Thanks

Amit

Gaurav (consultant)     17 June 2013

amit 

plz check ur PM


(Guest)

Amit,

Take loan and show EMI or Show that it is in your name but some one else has paid for it....

 

With Loan on property, wife cannot claim- reason being she has to share the loan burden too.


(Guest)

Also,

When you acquired matters along with how long you were living with your wife is taken into account.


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