• Property transfer

I have applied for divorce and the case is still on.
I have a flat in my name.
1. Now can I transfer that property to my parents and pay the home loan EMI from my account?
2. Wife has any rights to claim on property which is only in my name?
Asked 3 years ago in Family Law
Religion: Hindu

3 answers received in 2 hours.

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9 Answers

You can transfer flat in your patent name 

 

2) EMI should be paid from parents account 

 

3) wife can claim right to stay in her matrimonial home 

 

4) seek injunction restraining sale of property by you 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Any transfer immovable property by husband pending divorce proceeding can be challenged as fraudulent transfer as defined under Section 53 of Transfer of Property Act, 1882. The same being with intent to avoid payment of maintenance and alimony. She can also claim share in the property and seek cancellation of transfer. Wait till the decree of divorce.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

1.  Yes, you can proceed as per your desire.

But the bank may not agree to transfer the proeprty to your mother's name during the subsistence of the mortgage home loan.

2.  No, she do not have any rights in the property that is on your name alone. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Sir,

Wife has only right for alimony and not on your property. She is not a co-sharer or coparcener.  You can transfer the property and continue to pay the EMI

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

yes your wife is entitled to claim the properties on your name.

You may transfer the flat if the property is not under dispute.

 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

1. After obtaining consent from your Bank you can transfer the property in your parent's name and pay the home loan EMI from your account.

2.  Since it's your self acquired property, none else has any rights, including your wife, to claim your property, during your lifetime.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

Dear sir,

 

As long as the bank is okay with it, you can transfer property to your parents. But along with transferring the title of property, you will also be transferring all liabilities associated with it including the home loan. They will also have to accept the burden/obligation of mortgage.

As per the law, the wife has no right on the property. In the eyes of the judicial system, the property belongs to the person in whose name it's registered.

Your wife is entitled to receive maintenance in form of money.  But as you have mentioned that the divorce proceedings are still ongoing, you cannot remove her from the marital home unless the divorce is finalized. Such an act can be used against you during the proceedings. Thank you.

Dear sir,

 

As long as the bank is okay with it, you can transfer property to your parents. But along with transferring the title of property, you will also be transferring all liabilities associated with it including the home loan. They will also have to accept the burden/obligation of mortgage.

As per the law, the wife has no right on the property. In the eyes of the judicial system, the property belongs to the person in whose name it's registered.

Your wife is entitled to receive maintenance in form of money.  But as you have mentioned that the divorce proceedings are still ongoing, you cannot remove her from the marital home unless the divorce is finalized. Such an act can be used against you during the proceedings. Thank you.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

1. Yes you can transfer and still pay from your account. 

2. Yes she may claim a share in the property but claiming and getting are two different things. Her alimony, if decided by court, will depend on various factors. So she can claim but she may not get the property. 

Good luck. 

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

- As per law, your wife is not having any right over your property during your life time, but she can claim alimony from you .

- Further as the said flat is on loan , then you can submit the emi details before the said court for decreasing the alimony amount .

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

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