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rising up again (FFF)     12 September 2013

Saving self acquired properties...

hey guys..

plz comment.......

what happens if i "gift" my "self earned properties" to my mother and then she makes a WILL that i do not get any property. Instead, as per the WILL, the properties go to any of our known trustworthy person. After the divorce case, we change the will and i get back my properties back....
 
wud this strategy help ?? i know i wud be spending much to stamp duties but wud still be saving much much more.. than giving it to wife.. 
 
can the court ask for the gifted properties and take it back from my mother ?
can the court help me responsible for doing a preplanned tactics to save the properties...
 
i am about to file my case in court in next 15 days... so, wud it not be better to safeguard my properties right now.
 
PLZZZZZ help !!!
 


Learning

 3 Replies

Tajobsindia (Senior Partner )     13 September 2013

 

1. Your query before me is based on future Laws without thinking that such Laws can easily be challenged in Hon’ble SC and moreover you have plans made to do an act in next 15 days concerning your marriage - child custody etc.!.

2. The Hindu Marriage Laws Amendment 2013 is yet not made as a Law and we doubt it passing in coming winter session as political volatile situation is there in the country with India Inc. pressurizing Govt. to announce next general Election.

3. Your strategy is not what Law takes lightly and whosoever has advised or is writing about such strategy will never work against the backdrop of para 2 opening few wordings.

4. Think of hiring a seasoned Lawyer who knows how to attend Constitutional challenge questions and not any ordinary lawyer whom you find cheaper in terms of meeting litigation fees if such future Laws is letting you not have sleep.

I have only one question to ask you after giving you sermon that is, how much do you really understand each word and phrase of para 2 mentioned Bill ? I asked this because not only self acquired property of husband but even his f/d's and saving bank account can be halved under such Bills so what would be your so called strategy to save your saving bank account savings ?

Also note the para 2 Bill is for those who have been living in separation from last minimum 3 years and will be applicable once the Bill becomes Law whereas you are planning to file divorce in next 15 days !. In your other post you tell me that both of you are living under same roof but not sharing same bed r/w she is told to me by you in the forum that she is a working lady i.e. earnign an income, so where is question of separation as in irretrievable breakdown of marriage r/w financial hardships claims of wife as per scope of para 2 Bill popping in your this and other brief in this forum further read with in next 15 days you are plannign to file divorce so when in today the law doe snot permit irretrievable breakdown of marriage as 'ground' to seek divorce then how can you use it today and then worry of some future Laws TODAY???

Dr. Jyothi Vishwanath (Associate Professor of Law)     13 September 2013

Agreed to Tajobsindia... You are thinking too much ahead of time...

T. Kalaiselvan, Advocate (Advocate)     21 September 2013

Yes, Tajobsindia is right.  Why do you worry about which is not n existence? A property gifted to your mother and subsequently coming to you on the basis of Will, can you tell me that when the WILL can become operative? do not think of too much now itself.


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