• Claim of share if any

I am married twenty years back. My wife is doing domestic violence since last long. I have only daughter. My and my daughter's life is under threat of murder if I don't give 50% of my property to my wife. She has no share in my property by virtue of investment. I and my daughter is scared of her. 
1)What shall I and my daughter do to get relief from her? 
I want divorce. 
2)Am I bound to give share of any of my property to her?
3) I have one flat in Kolkata which I have to give to my daughter for her secured education and life.
Please show me hassle -less life. 
I am a very peaceful person.
Asked 13 days ago in Property Law from KOLKATA, West Bengal
Religion: Hindu

Complain to police first about the violence and threat by your wife. 

File divorce case on ground of cruelty .

Your wife does not have any right to claim  any share  in your property. 

No need to make a gift  of your property to someone .

Kallol Majumdar
Advocate, Kolkata
1586 Answers
2 Consultations

5.0 on 5.0

Wife has no share in property standing in your name 

 

2) no need to bow down to pressure tactics 

 

3)file for divorce on grounds of mental cruelty . Wife abusing husband amounts to mental and is ground for divorce 

 

4)you can execute gift deed in favour of your daughter 

 

5) it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
68048 Answers
4107 Consultations

5.0 on 5.0

She is not entitle to any share except maintiannce if she is not earning.

You can gift the property to your daughter, wife has no legal remedy and for about death threat, you can oust her from the house or desert her and arrange a rented accommodation for her and simultaneously can file for divorce on the ground of mental cruelty. Your daughter will be your best witness and evidecne.

Yogendra Singh Rajawat
Advocate, Jaipur
13933 Answers
18 Consultations

4.6 on 5.0

1. Obtain Mutual Consent Divorce.

2. You are not bound to give share in your property.

3. You can gift all your property to your daughter before you file for divorce and your wife will not have any legal right over the property.

Shashidhar S. Sastry
Advocate, Bangalore
2171 Answers
149 Consultations

5.0 on 5.0

You should make a will and give all your property to your daughter.

Rahul Mishra
Advocate, Lucknow
4718 Answers
11 Consultations

5.0 on 5.0

If you giftvit before filing for divorce she can't do anything.

Regards 

Rahul Mishra
Advocate, Lucknow
4718 Answers
11 Consultations

5.0 on 5.0

You should just leave her along with your daughter and lodge an FIR against your wife in which complainant should be your daughter.

After FIR file divorce case on ground of physical and mental cruelty by your wife. 

No you are not bound to give any share to your wife from your property.

You can gift the property to your daughter and ask tenants to deposit rent in your daughter account. 

Mohit Kapoor
Advocate, Rohtak
4213 Answers
1 Consultation

5.0 on 5.0

1. Contest a divorce case against her, citing her cruel behaviour and the domestic violence that she has been meeting out to you and your daughter.

2. NO

3. Apply for a Divorce asap. Your may part away with your self acquired properties during your lifetime in any manner as per your wish. This means that you can transfer it to your daughter or any one else, and your wife can have no say in this 

Vibhanshu Srivastava
Advocate, New Delhi
8705 Answers
142 Consultations

5.0 on 5.0

she can only demand for maintainence, not more than that. Normally a minor child of below 7yrs. is kept with her mother's custody. In some exceptional cases father can apply for custody of such child before Ld. District Judge. Well being of the child is major factor for that decision of court

 

Mohammed Mujeeb
Advocate, Hyderabad
10972 Answers
4 Consultations

4.5 on 5.0

you can execute gift in favour your of daughter . 

Mohammed Mujeeb
Advocate, Hyderabad
10972 Answers
4 Consultations

4.5 on 5.0

you can file for divorce but it won't be easily obtained if it is contested and I would suggest you hire a good lawyer to fight this case for you.. 

Mohammed Mujeeb
Advocate, Hyderabad
10972 Answers
4 Consultations

4.5 on 5.0

You can file police complaint and contested divorce against her. You are not bound to give her share but you need to give her maintenance for her and child. No she can't create any problem after court orders. You can also seek her custody from court

Prashant Nayak
Advocate, Mumbai
13722 Answers
23 Consultations

4.6 on 5.0

Yes if your daughter is ready to give evidence in your favour it will be very easy to get divorce.

Mohit Kapoor
Advocate, Rohtak
4213 Answers
1 Consultation

5.0 on 5.0

1. You can file police complaint against your wife for intimidation and threat also your daughter can.file DV against her mother. 

2. No.you are not bound she has no share in your property.

3. Yes you can freely give or gift same to your daughter.

Shubham Jhajharia
Advocate, Ahmedabad
20172 Answers
80 Consultations

5.0 on 5.0

See.you can freely file divorce on ground of.cruelty against.your wife , your wife cannot stake any claim on your property. And no suit flim regard to.same is maintainable.

Shubham Jhajharia
Advocate, Ahmedabad
20172 Answers
80 Consultations

5.0 on 5.0

See you need to give evidence of cruelty and your wife contest divorce case making it hard for you.


See you need to give evidence of cruelty and your wife contest divorce case making it hard for you.


See you need to give evidence of cruelty and your wife contest divorce case making it hard for you.

Shubham Jhajharia
Advocate, Ahmedabad
20172 Answers
80 Consultations

5.0 on 5.0

You have to prove allegations made in divorce petition 

 

your daughter canbe a witness and help you make out a case of mental cruelty 

Ajay Sethi
Advocate, Mumbai
68048 Answers
4107 Consultations

5.0 on 5.0

Once gift deed is executed duly stamped and registered your daughter would be absolute owner of property 

 

wife cannot create problems for you 

Ajay Sethi
Advocate, Mumbai
68048 Answers
4107 Consultations

5.0 on 5.0

1. In this scenario the only remedy in your hands is to file for dissolution of marriage through a decree of divorce on the ground of cruelty.

2. Your wife has no share in the property during your lifetime. You may also execute a will in favour of your daughter to exclude your wife from succession.

3. Alternatively, you may also execute a gift deed in favour of your daughter qua the flat. In case of gift deed the title passes instantaneously from donor to donee.

4. Contested divorce never comes easily.

Ashish Davessar
Advocate, Jaipur
26507 Answers
791 Consultations

5.0 on 5.0

Before filing for divorce first make complaints against her in the police station that she is performing "attempt to kill" under criminal act. Your and daughter life is under threat, so you want divorce from her and make conditional WILL and transfer property on your daughter name and wife's name so she will act good against you and with your daughter. 

 

By atleast satisfy that property is on her name if WILL conditional is full filled.

Ganesh Kadam
Advocate, Pune
7969 Answers
68 Consultations

4.9 on 5.0

Simply demanding share in property is not a ground for divorce. You have to prove the violence and threat by her to obtain the property .

Kallol Majumdar
Advocate, Kolkata
1586 Answers
2 Consultations

5.0 on 5.0

contested divorce dose not grant easily, have to go through rigor of procedure laid down to complete trial.

Yogendra Singh Rajawat
Advocate, Jaipur
13933 Answers
18 Consultations

4.6 on 5.0

1. You may file the divorce on the ground of mental cruelty. 

2. No, you are not bound 

3. 

Anilesh Tewari
Advocate, New Delhi
17180 Answers
265 Consultations

5.0 on 5.0

Hi

File domestic violence case against your wife, before doing that, you collect substantial proofs of her acts / activities.

1) You can file for divorce under cruelty.

2) No you need not give share in your property to her.

3) You can support your daughter, it is your bounden duty to maintain her and take care of her necessities.

No, you don't gift the property to your daughter, for time being hold it.  She can cause problems to you not to your daughter. like filing false cases against you.  Take your daughter into confidence and her version may help you.

Once divorce application is filed, it takes on an average 5 years (subject to complications created by counter part)

 

S Srinivasa Prasad
Advocate, Hyderabad
885 Answers
6 Consultations

5.0 on 5.0

You may transfer the same to the daughter. However, the same will not make any difference to the merit of the case 

Anilesh Tewari
Advocate, New Delhi
17180 Answers
265 Consultations

5.0 on 5.0

If I file a divorce case on the basis of the ground found so far can I get the divorce easily?

Please clarify this question?

Anilesh Tewari
Advocate, New Delhi
17180 Answers
265 Consultations

5.0 on 5.0

If she is threatening you then you should definitely get divorce very quickly.

Rahul Mishra
Advocate, Lucknow
4718 Answers
11 Consultations

5.0 on 5.0

- As per law, She cannot claim any share in your self acquired or ancenstral property during your lifetime.

- You should file a complaint/report against her behaviour , and also threating for implicating in false case.

- Further , your daughter can also lodged her complant as well , for your saftey from the court cases.

1. The permanent solution is Divorce on the ground of mental cruelty and threating after giving that complaint.

2. No , as per law , even after divorce , she can not claim any share in your property .

3. Yes, you should do this , no hindrance will come for that flat. 

- She can file maintenance and domestic voilence cases against you.

- Better to lodge a complaint against her before taking any step, 

Mohammed Shahzad
Advocate, Delhi
766 Answers
18 Consultations

5.0 on 5.0

1. You can file a divorce case and if you are scared of her activities and feel that there is a threat persisting on your lives, then you can leave your house and start residing away from her in a different place till the divorce is decided.

2. She is already trouble creator, hence she may create more problem to both of you, however she cannot legally claim any share in the property.

3.  You may choose to live separately away from her to avoid more problems.

T Kalaiselvan
Advocate, Vellore
57736 Answers
729 Consultations

5.0 on 5.0

She is already trouble creator, hence she may create more problem to both of you, however she cannot legally claim any share in the property.

T Kalaiselvan
Advocate, Vellore
57736 Answers
729 Consultations

5.0 on 5.0

If it is a contested divorce it may take at least two to three years for disposal.

T Kalaiselvan
Advocate, Vellore
57736 Answers
729 Consultations

5.0 on 5.0

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