My wife left my residence which ia on my fathers name in June 2014 with my only son who is 14 years old now. Now my father is planning to sell this residence and buy a new one for me to live in. My question is that........ A) would it be a right decission to take the new residence on soly on my name, as my father is now 70 and he wants to buy a residence soly/exclusively for me. B) I fear that if i take it on my name on one side my wife/inlaws can claim a share in it but if i dont take it on my name then my younger brother too can claim his share in it. ( My relationship with my brother is just coordial but he is a extremly selfish person and profundly greedy and so is my wife) I am in a delimma on how to secure a residence exclusly for myself. C) Is buying this new residence on mine & my fathers name a good option or should we buy it on my fathers name and then lease it for 99 years exclusively on my name so, if god forbed, if anything happens to my father my brother cannot claim a stake on it ??? But in this case, we would have to pay Double stamp duty, 1) To buy on my fathers name and then to make a lease agreement of 99 years on my name. D) I am in a Dilema as what are my options to secure an exclusive home for me and that neither my wife nor my brother can lay their hands on it. E) Is making a benefisory trust exclusively for me and putting all my inheritance in it, would be a good idea to safe gurd my intrest. F) I am really so tensed about it because knowing my wife and my brother too. I know for sure both are greedy & will not leave and inch!! G) Just to inform you, most of my property is all come in inheritance to my father through my grandfather. H) Just to inform my wife is the only daughter and her parents have a good amount of inheritance with 2-3 residences but not even one is on my wifes name till date. I) My father was dividing a peace of N.A commercial property between him, me and my brother.On my request he gift deeded my share on mine and my wifes name. Once it was gift deeded on my request on our join name, things went completely wrong as my wife started threatining me virbally that she is half of the owner of this commecial property and that she can claim my share too and become 75% an owner of my my commercial property. This really shocked me and shook the very foundation pillar of my marriage that is bases on trust & faith. My mother in law too is the same and has bullied and taken away all my father in laws inheritance and property. She beats him too and has kept him in the house like a dodo/ servant. He is so frightened of her and her tamashas that he cannot say a word against her. My wife too is trying the same trick with me but i am strong and thus put up a resistence against all this cruel behaviour and greed for wealth. Once i learned my lessions after putting my inheritance land on her name.
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your father can buy house in his name
2) he can executed will wherein he bequeaths house to you by will
3) if your father buys house in your name brother can claim share in said house as it was bought out of contribution from your father
4)wife has no share in property in your name . at most she can claim right to stay in her matrimonial home
5)dont transfer any property in your wife name
Respected sir...
If you want to buy new property and your father is old just do one thing to escape it from your wife and your brother ..Make will of that new property on your father's name that till he alive he will be the soul owner after his death property will automatically transferred to your owner ship ..This is best and simple way to escape from it and she will not entitle to claim share through out the life ....
Thanku
1. Wife has no share in the proeprty of husband.So Forget if she has any right over your father's property.
2.Wife ahs only right of residence.So you can buy proeprty in your name but keep it concealed form your wife.If she doesn't know its existence then there is nothing to worry at all.
3.Making lease in your name will not cause any differences and hence do not find any merit in it.
4.The proeprty your wife is likely to inherit has nothign to so with the present scenario.
5.So enjoy your proeprty as usual
A few options that i thought about:- 1) If the residence property is in my fathers name and he makes a 99 years registerd lease agreement on my name. If God forbid anything happens something to him, i would have it leased on my name for 99 years + stating in the lease agreement that after him, i become the soul owner and it should be transfered on my name. Would a document like this safe guard my interest of my residence. 2) If the new resident property is purchased on join name of my father and me and his share too is either willed or leased to me, would my wife & brother be claim a stake in it ?? 3) If i soly buy the new residence on my name and i am hading for a divorce, would my wife be able to claim a share or a right to stay in my residence. My wife is they only daughter of her parents and comes a family with good inheritance. The family has 3 residences but not even one is on her name. Can she claim a stake in my residence, if i buy it directly on my name. My father is funding it for me by selling one of our old Residencial properties, as he knows i am alone in life and therefore wants to help me settle down till he is alive. Also he knows my brother and his greed, so he wants to give me my share on my name but then my wife comes in the picture as i am sooner or later heading for a divorce 100%, knowing my inlaws and my wife's brutal greed, i should not be in trouble. Kindly help and suggest the right option and way out in securing my self. Thanking you !! Regarfs,
1) father can execute lease deed in your favour
2) lease deed cannot contain clause that you would be owner of property on his demise
3)father can execute will for his share of property in your name
4) your brother can challenge the will
5) wife has no share in property in event of divorce
6) she can only claim right to stay during her married life
Sir if any property is purchased in your name or jointly in your father and your name your wife and son can claim maintenance out of property... it is advisable to better register it in your fathers name.....
My reply remains same.
Hi
You yourself have provided lots of options ,,
In my opinion buy the house in your father's name and get a registered will be executed stating that after your father this particular property will only belong to YOU and you will only be the owner of the property after the death of your father.
Thank You
Your father may buy a house in his own name and immediately there upon, execute a will bequeathing this newly acquired property in your favor.
This will must be duly executed, stamped and registered so that the same is fully secured and prevents any future complications for you.
Dear Client,
First of all , ur wife wants u just like her father, under controlled and dominated, effect of her mother. Somehow manage ur father in law, give him strength ,to give treatment to mother in law
If property would purchased in ur name, ur wife has no claim in the property, no law enacted in this regard yet, pending at parliament.
Ur father even can make a WILL ( get it registered ) which will be effective after his death, that way u will become owner of the property and no present threat from ur wife or brother.
Gift deed is irrevocable and she has claim up to gifted share. It can be revoked in particular situation by ur father only,
Can be advise on perusal of contents of GIFT DEED
Hello sir , it is advisable to take the property in your fathers name .. Your father can make a WILL in your favour , so after his demise you will be the sole andrightful owner of the property .. Till then , your divorce proceedings shall be finished ..
Yes your father can execute a lease deed in your favor, the same shall not contain the clause that you would be the owner after his death, for this purpose a will has to be executed by your father in your favor.
Please bear in mind that the wife does not have any share in the property in case of divorce and that she can only claim a right to stay at your home during the subsistence of the marriage.
Regards
A There is nothing wrong in your father buying a property on your name, you shall become the absolute owner if the propriety is purchased in your name by a register sale deed.
B. The property purchased in your name shall be exclusively your own and absolute property, nobody, including yor wife can claim any share in it as a right during your lifetime.
C. It is not a good idea and not advisable.
This will create a problem
There is no question of 99 years of lease.
You can get the property bought on your name itself there is nothing to be worried about it.
D You are repeating the question in a different manner, there is nothing to be worried if you buy the property in your name itself.
E No, this is not a good move, you cannot enjoy the property yourself fully and properly under such arrangements.
F. No comments for the repeated question
I She has rights in the jointly held property upto 50% share.
1. It is not a good idea and not advisable hence not recommended.
2. No, they cannot claim any share in it.
3. Your wife is having a right for residence, but it is not necessary that you should provide residence in that properly only, you can arrange for accommodation elsewhere too.