@ Author,
From the briefs the facts that emerges is that there is a husband who had some property. It was self- acquired one. He plans for MCD as co-petitioner. They have a child. The hiccup here is why is transfer of one property in wife's name.
In my opinion husbands wife has no clear lein in those properties whose financial contribution husband solely born during their lifetime. I also donot subscribe to Prabhakar's Benami Properties Act usage in matrimonial matters and I also do not subscribe to his American influenced propoganda on 'compensation' to a wife simply ideating at home. Well if she voluntarily choose to become a housewife then why rake up the que. at MCD stage? Now don't give me a lame gyan that all husbands asks their wifes to become housewife's. HAd it been so then time will come that all husbands will start beating their wife and say why you not going out and working?. Have ears to hear the future truth too.
However, leaving all these reviving contentious debates of LCI family law forums and I prefer to stick to my loads and like to analyse situation in different way say;
1. If the husband acquired so many properties till his MCD stage then what is so difficult for him to part one of the properties and get over with his estranged wife?
2. In return in MoU he can always claim for decent visitation rights of his child. Anyhow it is his duty to look after needs of his child till he/she attains majority is it not so?.
3. I could have understood the dilemma if there was only one property self acquired the way as narrated in opening briefs but when you have so many properties and the bone of contention between estranged couple here is a 'wife' then dispense her asap by transferring the property in child's name with lis not to dispose of till child attains majority. Keep mutual conditions simple but base don long innings.
4. Anyhow I don't see any lis on custody so it seems natural that the guy is comfortable with custody (physical) going with erstwhile wife so why chase the tail of an elephant when an elephant marched past you !
5. I mean you go half way and she travels the other half and ultimate aim should be to get riddance from un-cordial matrimonial situations if a person has so many properties.
6. It also seems that you are non resident Indian and have invested heavily in real estate post bubble bust! So it is assumed you know more about the 50% American splits ville and smartness American husbands show in similar situation when such properties (assets) are acquired post marriage. I would rather suggest to go ahead what I said in above para and would have walked away smilingly instead of spending my youth in Indian Courts enriching only the Lawyers out here.
After the MCD create a TRUST and lien-in all the rest of the properties with which she can't touch in 'future' under any 'change in circumstances' so called clauses which you also need to understand the Indian gender biased laws.
Thus give that one property to her on child's name with condition not to sell till child becomes major and as you say invest on SIP monthly return plan on child maint. and simply march ahead man.......
Or
alternate is to offer her money equal to that property present market rates ! You will thus still left with your attachment to the jameen whereas your joru now gone multiply your jad as you may please.
