Yes she can claim the money in either case.
Get the FD done on the name of someone who you can trust.
I want to invest in FDs on wife's name to save tax, but I suspect we can also go for divorce in future, as there are fights between us quite often. Even if I make FD on joint name (she primary & me secondary), can she claim that money as her's in case of divorce ? Is there any workaround for this ?
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Yes she can claim the money in either case.
Get the FD done on the name of someone who you can trust.
Wife can claim money lying in her name in FD
2) she can claim 50 per cent of money lying in joint names in vent of divorce
Dear sir,
In former case she can claim the money as her own. In the latter case, she can claim that half of the money is her's.
In the event of dispute, you'll have a tough time proving that it was your money. It is advisable to invest in your name or someone else who is less likely to claim the money.
It would be advisable to pay the paltry income tax to the government instead of losing entire FD amount by investing it on her name, who would appropriate entire amount after divorce , even if it deposited in the joint names.
You cannot claim the money once she withdraws entire amount and cancels the FD itself.
Take a wise decision before it's late or keep worrying about taking a hasty decision.
- Yes, if you fix the amount in her name , then legally she will be entitled to get the same in case divorce in future .
- Even if joint account , then also she can claim half of the amount invested in FD by you.
You need decide the same in mutual consent divorce. If contested divorce you need to file a shot before civil court stating that money belongs to you and was invested only for name sake.
The property or money in which she is a shareholder can be claimed by her irrespective of whether she invested in it or not. Act accordingly.
For opening the FD, you will first need to transfer the funds to her savings account
That will be taken as a gift transfer
So there are chances that she may claim exclusive right over the funds
To prevent that take an affidavit from her that the FD, either in her sole name or in joint names, is being made only for tax planning purposes and she will not claim any equities
This also needs to be checked from the angle of a benami transaction before you proceed
If you feel that in future you may go for Divorce, than don't go for investment FD's on her name. Once the FD's are on her name, you can't withdraw even joint also because you will mention percentage of investment.
Only one option is there you can prepare cancellation FD's document same time and do not mention date on it.
Legally speaking your wife is entitled to get 50% of your entire moveable and immovable properties as per Hindu Law and Apex Court order passed from time to time.
You may invest in FD no harm.Lets see at the time of disputes and settlement between you and your wife before the court of law.Till then have peaceful mind and healthy choices between both of you.
1. In case money is invested in FDs in wife name or in joint name she may claim same, she has right on the same.
2. You may invest on your name to avoid conflict in future.
that money will be treated as her own hence, the husband should need to consider his actions and should know the difference between love and affection and financial security.
Dear Sir,
In case of possible divorce, the wife may demand the money or the share from you. But you may oppose the same citing the reason that it is your money. However, the final outcome of the case and alimony will be affected by this.
Any asset standing in joint name of a person is considered to be his property irrespective of the fact whether he made any contribution or not.
Therefore if in FDRs name of your wife is there she would be treated as its co owner and has equal share in it.
So you better give your sole name in this.
Best option is to avoid the option of investing on your wife's name, due to specific reason of upcoming chance of going for Divorce. Work out other options viz., purchasing KVP, Insurance, and other options of investing in central / state government approved investment schemes.
Second Best option could be, take guidance of your Chartered Accountant with regard to tax planning and Investments.
Tax will be less but if you will purchase in her name and later separated and she dose not agree than you will face complete loss of FDs amount.
And to recover that amount, litigation cost. So buy in your name.
In case of a divorce; these will be treated as her assets despite the fact that you have contributed funds for this purchase. Take her in writing/agreement/MOU; that you are contributing the funds for these purchases/