Hello All, I purchased the apartment thru home loan and apartment is my name and last year received the possession. My Matrimonial cases are going since last four year (498A,DV,125) . Wife never stayed in this apartment and i received the possession last year. How should i safe guard my property as opposite party is behind this. They somehow got my flat registration documents. Do i need to gift deed this property? Not sure how should i handle this as i have home loan on this. My advocate suggested to gift deed but process is quite complex and i have spent money on all duties. Kindly suggest how should i have handle this situation. Me and my wife is been seperated since 2015. and all false cases she is not participating.
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If the house property is exclusively on your name alone then she can't claim any share or rights in the property.
You don't have to do anything to protect your interests in it.
Besides the property is already on mortgage loan hence you need not be worried about it.
You need bank consent to execute gift deed
2) bank would not grant consent till loan is repaid
3) better option is to sell the flat
Wife is entitled to share husband’s property only after the death of husband but a divorced wife is no entitled to share the property of husband. She cannot claim any share as long as husband is alive. Therefore no need to transfer the property. Further, such transfer is treated as null and void under Section 53.
You are only bound to give her alimony and residence rights if she is not capable of earning. She can't claim ownership right on your property by any law
- If the said apartment is mortgaged with the bank , then you cannot gift the same without taking permission /NOC from the bank.
- Further, even if you will registered the gift deed in the name of any family members , then it will have no legal value until the loan of the bank is dully paid.
- Further, as per law, your wife is not having any right over your said property during your life time , if this property is singly. registered in your name.
- However, she can claim maintenance and residential right from you.
Dear client I am sorry to hear that but in this case in order to protect your property you can register a gift did against someone because if you say let it will take a lot of time as well as you receive some consideration over which your wife can raise a claim.
