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raman (private)     03 August 2012

Property transfer in dv case

Fearing trouble I had transferred 50% of my property to my family members. After sometime I received a notice from wife's lawyer and also from the court for reply for DV. My date for first appearance/ reply is next month Can i transfer the rest of the property before the date?



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 9 Replies

Tajobsindia (Senior Partner )     03 August 2012

1. If it is your property and you are its absolute owner you can gift deed it to any one / you can transfer title to anyone or even you can make a Trust out of it. In your lifetime you have right to do whatever you want with your absolute property.

2. Yes, you can transfer rest of it too. No law can prevent it at this stage (i.e. before appearance on first date) nor can law ask you to reverse transfer back to you just bze your metro wife has filed a DV Complaint case (i.e. after marking appearance and filing reply)!

3. Now take a rented accommodation, stay there and file reply using this rented accommodation as your residence address. If your errant wife is seeking residence rights then offer this rented accommodation as shared residence alternatively rent money in lieu of for her to choose any rented place of her liking to live there further alternatively offer her 'shelter home of government' with its fees fully paid by you.

This is right move when “fear” converts into “reality”. One can leave a metro wife for another one but should never give away his hard earned self made properties to hands of his errant metro wife.

raman (private)     03 August 2012

Dear @ Tajobsindia,

Thanks for a detailed and quidk reply. I am much relieved now.

1. In the notice i have been restrained from doing anything about my property. So should i mention in my reply that i have already transferred. If i am restrained from doing anything about my propery then in theory i would be doing what court says as i would not have defied the court.

2. Your suggestion about renting a house seems to be very clever one. If i shift to another city would that be OK.

raman (private)     03 August 2012

Dear @ Tajobsindia,

Thanks for a detailed and quidk reply. I am much relieved now.

1. In the notice i have been restrained from doing anything about my property. So should i mention in my reply that i have already transferred. If i am restrained from doing anything about my propery then in theory i would be doing what court says as i would not have defied the court.

2. Your suggestion about renting a house seems to be very clever one. If i shift to another city would that be OK.

Tajobsindia (Senior Partner )     03 August 2012

 

 

Originally posted by : raman

 

1. In the notice i have been restrained from doing anything about my property. So should i mention in my reply that i have already transferred. If i am restrained from doing anything about my propery then in theory i would be doing what court says as i would not have defied the court.
Take: You have already transferred 50% of your property prior to Notice so in theory you are not defied the Court nor the Court has formed any opinion on wife's complaint before you were sent Notice of and reply sought. Otherwise on admission stage of her Complaint case Court would have passed ex-parte "restraining Order" / "injunction Order". Is there any "restraining Order" / "injunction Order" - NO !

2. Your suggestion about renting a house seems to be very clever one. If i shift to another city would that be OK.
Take: A wife's place is where husband lives, you can live in a houseboat in Kerala that is where she is supposed to go to live if she is seeking "residence Order", it is not that she will get Sheraton Hotel's Presidential Suit room as "residential Order".

Simply say the property in question does not belong to me at the time of filing reply. Add w.e.f. such and such date I am living at such and such rented place and this rented place is my residence for all official purposes. Draw a rent agreement before filing reply. Let her side now prove whose property it is as she is seeking “residence Order / restraining order” upon a property whose 50% share transfer you have already done with and now you are disposing balance to complete the transfer process due to pecuniary encumbrance on whose name already transferred not you have to prove anything.

If you were doing all these post receiving Notice then my reply would have been totaly different.

 

 

 

raman (private)     03 August 2012

Sir i am taking the liberty of asking for more advice.

She has leveled allegations of "giving unknown medicine" to her. This is a serious  allegation. That is the reason now

I don't want to take the risk of her presence in the house.

I think she needs to substantiate that? Since nothing of the sort happened, she can either cook the evidence or produce

false evidece. Your advice?

raman (private)     03 August 2012

Sir,

I missed the last line. "If you were doing all these post receiving Notice then my reply would have been totaly different"

So if i had not transferred 50% of the property things would have been different?

 

Tajobsindia (Senior Partner )     03 August 2012

 

Originally posted by : raman

 

She has leveled allegations of "giving unknown medicine" to her. This is a serious allegation. That is the reason now I don't want to take the risk of her presence in the house.
Take: Sate under reply to above alleged para as follows;
Regarding to content of Para XYZ, it is respectfully submitted that the allegation in Para XYZ are totally false and hence as such denied. The allegations are not only vague but an afterthought just to mislead the Hon’ble Court. The Aggrieved person / wife has failed to provide a single TAXICOLOGY Report from a Govt. Hospital as instance of torture or cruelty perpetuated by the Respondent ever with specific date and or month and or year so as to enable the respondent to rebut / refute / disprove the same specifically. Hence the Aggrieved person / wife is put under strict proof to substantiate her bald allegations.”

 

On last line - Yes, Court would have taken them adversely ! But that is not the case in hand as per your own facts before us, so relax and boldly face her allegations point by point / para by para.

Illustration: In one of the para she may even say “respondent used to keep room heater switched on during peak summer month just to tan me and hence it is physical cruelties as per DV The Act to me". Hence give me 1,50,000/- as specific Compensation on this para.

How will you reply now to above specific allegation under her DV complaint and what specific three evidences you should annex with your reply to neutralize her above specific alleged illustrated para?

[This is a mental exercise given to you, before you get solved all other / rest of the paras from we the experts here
J]


PS.: Hence, my self limit is 3 replies to a thread post. Suggest to read all that LCI has discussed till date on DV and then pause / frame question via PM to me if you are interested me to reply to them or else others are here very much to answer your rest of the questions.

raman (private)     03 August 2012

Sir,

Thanks a lot for replies. This site and people like u are a beacon of hope in these dark times for indian males. I' ll PM u once i study things more.


(Guest)

Illustration: In one of the para she may even say “respondent used to keep room heater switched on during peak summer month just to tan me and hence it is physical cruelties as per DV The Act to me". Hence give me 1,50,000/- as specific Compensation on this para.

 

 

why not?

if a husband consume moongfali whole day and farts at night makiing sleepless nights to newly wed Aussi wife isn't it cruelty?oh! no!


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