Dear Sir, I am Bharat from A.P. I am a Hindu. In March 2018, I filed a divorce case on my wife based on cruelty. It is active now in family court. I have a 100 sq. Yards vacant site on my name with a government value of 12.7 lakhs. I purchased it before my marriage in 2014, with my money I earned at that time from my job. My questions are: 1. Will my wife or my daughter have a right on this property. Are they eligible for any share in this property? Note: Now I am unemployed and not earning. My annual income is nil. My wife is an employee and we have a 3 year old daughter. 2.Now can I transfer my property as a gift to my mother's sister. If so, Will this gift deed be valid? Can the family court cancel this gift deed and give the property share to my wife and daughter? Please advice. Thanks in advance.
1. Wife has no right of share in the property of husband . The child by birth has right of share in the ancestral property of father but not in his self acquired property.
2. There is no need to transfer this to your mother's name. If you want hen you can do so in the name of your daughter who after coming of age can get benefit out of this.
1) wife and daughter have no share in your self acquired property during your lifetime
2) you can execute gift deed
3) it would be valid
4) gift deed would not be cancelled
She cannot take away your assets except by order of the court or as a settlement towards alimony/maintenance in maintenance proceedings that she may file. After divorce she cannot claim anything from you.. If she is working women then very diffcult to claim maintenance also.
Yes you can transfer to anyone.
1. See you are absolute owner and the wife and daughter in your life has no right on the property.
2.Yes the gift shall be valid. Also they have no share in same.
1) See this is self acquired property so you can do whatever you want you may sell or gift. Tell you are alive they can't ask any share in this property but after you yes they have shares in the property.
If it's self acquired then no right if you don't want to give them. They will have only right in alimony.
Yes you can execute a registered gift deed. If they challenge you need to contest the same
Dear Sir,
My answers are as follows:
Ans: Be informed on your self acquired properties no body has right. If it is not earning property then court cannot consider it for determining maintenance or alimony paid to wife or child. Your responsibility is only to maintain if they could not maintain by themselves.
2.Now can I transfer my property as a gift to my mother's sister. If so, Will this gift deed be valid? Can the family court cancel this gift deed and give the property share to my wife and daughter? Please advice. Thanks in advance.
Ans: You can transfer it to any body. No court can cancel it.
. Typically in divorce & related proceedings, the Wife & Children have rights over the Husbands property, with limitations of Two years, from the property transaction date.
2. However, since you are not-earning, instead of Gift Deed, you may sell the property (to a friend /relative) and show that you repaid your old debt to your relative /friend from the sale proceeds of the land and yet manage the issue. IF the land is agricultural, THEN you can retain the same and show that you are going some cultivation (for self-sustenance) in partnership with other farmer /friend and then this land cannot be attached /partitioned in court proceedings.
Hello,
Your wife and daughter has the right over your property although your wife has a income.
You are bound to pay the maintenance till you are able bodied as court will s e whether you are capable of earning or not.
Regards
Dear Sir,
My answers are as follows:
1. Will my wife or my daughter have a right on this property. Are they eligible for any share in this property? Note: Now I am unemployed and not earning. My annual income is nil. My wife is an employee and we have a 3 year old daughter.
Ans: Wife and daughter has no right to claim the property / share of her husband's self acquired property. She can claim only maintenance or alimony and daughter can claim maintenance
2.Now can I transfer my property as a gift to my mother's sister. If so, Will this gift deed be valid? Can the family court cancel this gift deed and give the property share to my wife and daughter? Please advice. Thanks in advance.
Ans: You can transfer the property to any body, Yes it is valid, no court cannot cancel the gift deed and give property share to wife and daughter.
No right of either. You can sell or gift it to any by your choice. Family court has no jurisdiction to revoke gift deed.
1. Your wife or daughter or anybody for that matter will have no claim on your said property during your lifetime.
2. You can deal with your said property bin any way you fdeel like including registering a gift deed in favour of your maternal Aunt as per law. The said gift deed will be considered as valid in the eyes of law. However, you shall have to maintain your daughter.
1. Neither your wife nor your child or anyone can claim any share in your property as a right.
2. You can transfer the property to anyone as per your desire and decision, nobody can question your authority over it.
The family court has no rights to direct you to give a share in your property to your wife without any rhyme or reason, there is no provision ion law for that.
