You can purchase property but could not sale the injunction properties which has be mentioned by your wife's name.
Property purchased for Live In partner , Nomination rights, Protection of my interest
My divorce case is currently ongoing as filed mental cruelty after 5 years of separation. I will be buying a house for my live in partner who will be having our child and way forward of our life, My wife has placed injunction on all my properties, hence I cannot purchase a house on joint with live in partner ! However I want to protect my rights of the house incase anything happens to partner, and her parents claim the house as she is still unmarried. Kindly advise solution Can I place my name as nominee in the house papers, so i rightful inherit the house if anything happens to her, Can I make her sign the selling rights to me with an irrevocable power of attorney , would that legal Or any other way to protect my interest Looking forward to hear you Thanks
Asked 4 years ago in Property Law
Religion: Christian
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20 Answers
Neither nomination to the property nor a power of attorney deed executed in your favor would confer you the title to the property at a later date especially after she passes away or if she transfers the property to anyone of her choice during her lifetime.
Instead you can buy the property on the name of your child (if you have one through the relationship with her) and place yourself as guardian to the minor child so that the property will remain in your custody till the child attains majority by age.
Yes you can place your name as nominee. Yes you can sign the selling rights too unless you are not barred by a court order specifically to do it
See best thing you can do in this scenario is purchase house in her name and take a Power of attorney for same, though it can be also cancelled as she shall be owner she will have complete rights over it and in case anything happens to her, the legal heirs will have right so to protect that she can write a will in your favor though same can be also changed by her.
So there would be 100 percent full proof protection of interest since she shall be absolute owner only in case you are owner you have absolute right over same.
Nominee is only trustee for legal heirs
2) POA would cease on demise of partner
3) partner can execute will bequeathing flat to you
4) will should be attested by 2 witnesses
1. Injunction must have been granted only against your existing properties, not against properties to be purchased in future.
2. Your live in partner can make a will in your favour to bequeath the property to you after her lifetime.
3. She can also execute GPA in your favour to authorise you to sell the property for and on your behalf.
1. If your purchase the property in the name of your live in partner then there is no law which debars you from doing so nor the current injunction order.
2. Now once your purchase the property in her sole name , she alone becomes its exclusive owner and by no means your can secure its inheritance unless and until she makes a deed of settlement.
3. The POA will not do either.
4. Do note that if your wife proves your present live in relationship then the divorce suit will never get the decree of curt for dissolution of marriage.
Hi,
You are suggested to take possible protections/steps to save your rights.
under the rules on nomination, you will not be a beneficial nominee. A beneficiary has to be a family member or a specified relative. Typically, these are parents, spouse and children.
1. Unless it i a flat in a co-operative housing society, the concept of nominee will not be applicable.
2. You can get a will registered by her in your favour to get the title of the said house after her demise.
3. Irrevocable POA in your favour is also one alternative but it might be challenged by your wife unless you show that you had paid some money to her for buying the said house and further develop it commercially. It will be prudent on your paert to avoid this alternative which might stand to be cumbersome at a later date.
Court will grant injunction one property in which husband wife resided together. Buy in the name of your mother or father than. Being nominee dose not give any right.
Buying in your name have no complications, seems your advocate is not worth to advise your rightly. No inheritance right without marriage and without divorce, marriage not valid.
irrevocable power of attorney without consideration can be revoked and do not cease her right to sell.
Buy in your name.
1. You can ask your partner to write a will in your favour and get it registered with sub registrar.
2. You can also take a irrevocable POA from your partner with selling rights and don't forget to mention that consideration of property is paid by you.
You should buy a house for your live in partner in your name but your wife has put injunction.
You should take a house on rent till the divorce proceedings are over and the matter has been settled finally. It may not sound very good but it is sensible as you don't want to be embroiled in another controversy after a messy divorce. Let the proceedings finish and then buy a house in your name.
Regards
Dear Legal Experts Under Indian Law every person has a right to personal liberty. Just because the courts have lot of cases pending does not mean that they can deny my right to marry to a person if there are infinite cases is pending in a court and takes time Currently furnished flat is given my child and wife to stay and decent monthly money is maintained , There is no hardship to Old Marriage and rights At present I have decided to move my life and to become father of child considering age factor 40, As we both decided ,However just precaution measure I want to protect my rights of the house incase anything happens to Live in partner, and her parents claim the house as she is still unmarried until divorce process complete Kindly advise effective legal advise to safeguard my interest for ( 3-5 years contested divorce period) 1.Is it is safe to put 100% to my live in partner ? As live in partner don’t want any earlier marriage inheritance or injunction notice to complicate later stage of life as she is going to be mother (child not born), hence 100% her name as that is her PRIME CONDITION of child birth security towards her 2 Being biological father can I give the name in Hospital record and Birth certificate etc 3.How safe it is to make “Will Power bequeathing ”with 2 witness would that can be challenge? If anything happen to her claim by her family member 4.Irrecovable GPA rights in my name executed and registered with registrar would this protect from any future eventualities 5 Finance contribution 100% is done by me so how to keep this money trail of finance do I need to pay to direct seller from my account or transfer via Live in partner account to seller to be safe and record 6 Injunction must have been granted only against existing properties, not against properties to be purchased in future ? or should I make joint name ? 7 What if I delay registration and wait? 8) Any open ideas from you’re side on this situation ?
Asked 4 years ago
1)you should not have flat solely in name of your life in partner
2) you should avoid giving your name as father in hospital record and BC
3) will can be executed duly attested by 2 witnesses
4) will can be challenged by legal heirs.
5) if payment is made registration of flat should be done at earliest
6) purchase flat in joint names
You need to take divorce to legally marry again.
Yes but she can object to your name.
Yes you can execute a registered will.
Yes gpa may protect to many extent.
You can execute the said terms in your sale deed averment.
No injunction can't be grantee in future properties
You can delay and wait but it may go against you
1. Yes you can make her absolute owner and she can make a will in your favor and child's favor for your safety.
2. Yes you can give the name.
3. A registered or notarized will can be made same would grant rights over succession rights also after birth of child the child gets property not.parents.
4. GPA shall not be safe in case of her demise as GPA is not valid after demise.
5. You can transfer through your account completely.
6. You can purchase it in joint name and under existing law anyway wife has no right on property.
7. You can do same though in that case seller and you need to settle.
8. See register flat after birth of child in her name ,or in joint name. You are biological child of father in case after birth of child anything happens to her child shall be absolute owner of her share.
1. You are asking that if it would be safe to 100% on your live in partner, you only know the character of your live in partner hence you can decide based on the confidence you have on her.
2. Yes, you can.
3. The property bequeathed through Will to a beneficiary shall be acquired by the legal heirs upon the death of the beneficiary.
4. Irrevocable GPA also is liable to be revoked if not clubbed with any consideration.
5. If you want to prove at a later stage that you financed for the purchase of this property then it is always better that you maintain the records of transaction.
6. You are right that injunction suit cannot be filed against the non-existent property
7. It is upto you.
8. You have been given plenty of suggestions, hence you can revert with more queries if you need further clarification
Dear Sir,
Your agony, mental dilemma etc. is similar to many male who are made victim of false and fabricated cases by their spouses which is aggravated by the slow judicial proceedings and time taken in decision of the cases. It is hereby informed and suggested to go through a judgment where the Hon'ble Supreme Court has that marriage during pendency of divorce case is not illegal and see yourself whether you are fit under the said circumstances. It is suggested that many of worries will be solved if you have having a legal marriage as per the said decision of Hon'ble Supreme Court. It is also suggested that in case of self acquired property, you have freedom to do whatever is good for you and in that case your worries will be solved if you buy the property on joint name.
NO, purchase in your name.
Yes
3. Irrelevant.
4. NO
Payment should be from your end.
Sole name
Penalty will impose if delayed in registration of sale deed.
1. You can buy the property in her sole name which might shield her from any claim for the said property by your wife. However, she can still file a declaratory suit claiming that the said property actually belongs to you since you have paid for the full consideration while buying it in the name of your said partner. To avoid this problem, gift her the money first to her account (which you can do legally) and the payment for the property should be made from her said account by herself.
2. You can give your name as the biological father of your child. The section concerning adultery has gone from the IPC now.
3. Will shall not be full proof for her since she shall have to apply for and avail grant of probate for the will from the Court where all your legal heirs will get the opportunity to contest the application for probate of the said will.
4. Irrevocable GPA without any financial involvement from her side might be challenged by your wife/legal heirs.
5. Send the said amount to your partner's account. Thereafter execute an affidavit affirming that you have gifted her the said amount out of love and affection. Notarise it. After that let all the payments be made by her through her said account. She should record her such receipt of gift from you in her ITR.
6. If you purchase it jointly, then she can file anotherv petition and obtain injunction on your 50% share of bthe said property. Moreover, in case anything happens to you accidentally, she and your son will inherit your share of the said property for sure and also might claim for the rest portion since it has been fundedc by you.
7. You can wait for the registration.
8. make sure that the money to the seller is paid through your partner's account.