• Property on wife's name

Dear Sir,

I am 39 year old finance professional. Due to job change we moved to the city where my in laws live. We are living with them since 2007. Since my wife does not have brother or sister, my wife insisted me to stay at her father's home so that she can take care of her parents. We are having a daughter (10 yrs) and a son (7 yrs).

I had contributed 50% (i.e. Rs.5 Lacs) in other plot which is purchased by my in-laws. The plot is on my wife's name.

I have also contributed Rs.3 lacs in my in-law's house renovation in which we are currently living with them.

My friend is advising me to avoid such monitory contributions in wife / in-laws property and warned that this may have issues with me in my old age when my children gets older, they may claim my in-law's property. Instead he advised me to buy at-least one property in my name. 

Kindly suggest.

Warm Regards,

Kalpesh Chauhan
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

1) you must purchase some property in your name too

2) in the vent of divorce wife will claim property standing in her name

3) keep some investments in mutual funds , fixed deposits in your name only

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Are there any differences between you and your wife??

if yes then and there is possibility of divorce yes you can purchase the property on name of yourself to secure yourself.

Further if not anyway you and wife along children are going to get in laws property on condition they donot sell transfer or will to third person.

also property in name of your wife is only problem when there is divorce situation otherwise I dont find a issue.

Also if you have proof that you paid for 50 percent property a declaration suit for declaring you owner for share of property can be filed.

See in your In-laws property neither you nor your children have direct right only your wife has, in an unfortunate event if in event she expires before you you and your children will have equal right on her share.

So yes is good to buy property in your name , but there is no problem as long as faith is there in family.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Poor peace of advise. Just keep proof of payment and same had to be mention in property purchase document, the contribution u made.

Property of in laws finally will devolve in their daughter on dying intestate.

Purchasing property in your name is another deal which u can do any time acc. to your financial position.

This is true that property which acquired by your wife from her parents will devolve in your children after her death.

But y anticipate such negative, your child are minor. You can ask your wife to execute gift deed of new property purchased by u sitting any reason or joint ownership.

You are better advise to keep record/evidence of payment contributed by u,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You may buy property in your name that is good but even if you bought a property in your wife's name that is fine because the children are ultimate hairs of your and your wife has your inlaws have no other kids then there property will go to your wife automatically in case there is no wheel for self acquired properties.

All these transactions are fine until and unless there is no dispute between husband and wife and any advice like that is worthless

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

If you purchase property in your wife's name then she gets absolute right in the property. Your wife can transfer this property to anyone in her lifetime or make a will or a gift to any person because she has absolute right in the property. If your wife has no source of income then you can claim your ownership on the property but in order to get right over the property you have to file a civil suit that civil suit will take lot of time to decide therefore it is advisable to purchase property in your name. According to succession act the children of mother have right over the mother's property and children will supersede the father.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. Well, the person whose name is appearing on the title deed of a property is considered to be the owner of the property. .

2. The person who has contributed the money is however is considered a stranger with regard to same property.

3. So whatever you may have expended your wife will continue to be its half share holder.

4. So if you wish to have your name included in the property you will have to get a share of your wife gifted to you.

5. In future you can purchase property in the joint name of your wife and you.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

He's right. What you ought to have done was that you were required to become a co-owner in the house purchased by your in-laws in favour of your wife, since you contributed partial funds towards purchase of this house. Now do not lament but be careful in the future.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

What is that you want to clarify by posting this query in this post?

There is nothing wrong in investing for the property bought on your wife's name.

The problem will arise only when ther is a serious marital dispute that may lead to divorce.

If ther are no problem between you and your spouse, then you need not be worried about any such unscrupulous issues.

The friends who are jealous my try to spoil your clear mind by injecting such poisons.

You may better avoid such advises, however if you still want to pay heed to their ill-advises, you may buy future properties on your name.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Dear friend,

You friend is correct as per recent trend. But God is there for believers.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

If your name is not reflecting in the title deed then only way to make you co -owner of this property is to make a gift deed by the existing owners in your name whereby a percentage of share would be transferred in your name.

So ask them to transfer a part of their share in your name if you wish to become a c owner of this property.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Sir the property is completely in name of your wife so she can make a gift deed of 50 percent of share in your name In -laws have no right on property in name of you wife.

The gift deed need to be prepared and requisite stamp duty and registration charges for gift has to be paid.

Also if property is in name of wife and you both have good relation than i dont think there is any problem as wife any way going to stay with you then also ask her to execute a gift deed in your favour for your satisfaction. Also you have proof of 50 percent payment then anytime when there is conflict with wife a declaratory suit for you ownership can be filed. But yes going for gift deed now only amicable is best option.

it wont take much time just get a gift deed drafted pay requisite stamp duty on gift and registration charge present yourself and wife before registrar for registration is one day work then property shall be gifted to you and you will have 50 percent share and can get your name mutated in records.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

your father in law can execute gift deed to transfer some share in property to your name

2) gift deed should be duly stamped and regsitered

3)then apply for mutation to add your name in property

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

GIFT DEED.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You have stated that the property though purchased by your in laws, but was bought ion your wife's name.

It means the property is on your wife's name only.

If so how can your father in law include your name in the property card.

Please remember that he process of name inclusion in the property card is not a easy job, the revenue department should have proof of your joint ownership in the property by a registered deed in your favor for including your name in the property card.

First of all the title holder has to execute a registered gift deed for a portion either divided or undivided share in the property in your favor, after that you can apply for mutation of revenue records and inclusion of your name in the property card.

As suggested by your mother in law and your wife, you may avoid confronting your father in law especially when is drunk so that you can solve the issues

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

No question of discussion, in the recent days man not believing any of his kith and kin because of bad ills of other side. In the given situation take all preventary measures and also get all properties reverted back in your name so that you can sleep peacefully and your future life may be safe.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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