Saroj Kumar (Student) 01 September 2013

Property under irbm

How about the new IRBM?

My wife not staying with me for last 2 years..I filed RCR and case is going on.. No any sign for her joining.. Simply she is dragging the RCR case..(any way she is not fool, her uncle is lawerer one is DSP and another is minister). So they want to trap me..

For taking extra precaution, I am planning to transfer my property to either mother or brother's name..Which will be more safe (Brother or mother).. In case in the name of mother then will it again considered as parental property?

If I will transfer to any body's name then, how it should be? Selling or simply transfer and can say that during my study I borrowed money from him or her.. So I am giving this (either to brother or sister)..

One thing is that as later during alimony stage will come, I want to say that my widow mother is dependent on me, so I am trying not to give much in her name..

As our RCR case is going on and may be divorce case will start soon, which is much earlier than the new IRBM law (incase coming in future), so is such case my case will run according to the basis of last case or will go under new law)

Can you suggest me on this?

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1 Replies

Tajobsindia (Senior Partner ) 01 September 2013

1. The basic premises seeking relief(s) in your brief are not correct in accordance with existing Laws.

2. For any future Law discussion can be done but based on what may or may not even become Law precautions in present term cannot be guided.

3. Further to above two; if you have no intention of bringing wife back to her matrimonial home and taking of some future Laws and contemplating making plans in present terms accordingly then the RCR filed itself is a false relief you are praying is my view. Normally when one party stretches case then other party Appeals before a superior Court to give direction to lower Court to dispose case at the earliest or in time bound fashion. I see this approach missing thus future worries cropped in.

4. Continuing from para 2 where it was left in brief, if property is transferred when either party has a case in floor of Court then it is considered as concealing facts. Here you have already invoked your rights under a Civil court and she is sitting on to decide eventually on your RCR either way. If during pendency of your own RCR suit matter the property be it in your name is transferred then opposite party when and if gets wind of the same may force upon concerned Court or in accordance with Civil Laws may pray for justifiable relief (this is a generic statement). However since self earned property of a husband as per any Law in existence, it is settled Law that a wife has no claims whatsoever if husband is found to be alive and if affected spouses have no child(ren) so future thoughts of property transfer based on current laws are not suggested.
Flip this advice and if based on some yet to become Law if transfer of property is carried out then views are already mentioned, read down opening sentence of this para. Transfers of property as asked are always caused upon before either party reaches a Family Court is bottom line.

5. Reason: Off late I figured suggestions given based on no Laws in existence brews un-warranted speculative discussions by non-Lawyer general public here and if recent flood of messages read before Admin takes action on them then it did reach to extreme un-civilian personal attacks level between few selected genders hence para 1 till para 4 is what I prefer as my advices as to be for this brief.

Take what you can grasp out of it.
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