• Wife's right on father in laws property

I got married in 2006 and having a 14 year son. I hold an australian citizenship (OCI) and currently resident in india. My wife and kid is indian citizen. I had to leave australia due to matrimonial conflicts in 2018 and had to come back to india. As of now we are together because of my son. Since my wife's mental health is not good and its becoming difficult to continue further. 
She come from a family of lawyers and i tried for mutual separation but they have not given any clear demand. My parent live in a different city and because of my wife's nature its not possible to keep them with me.
I own a house jointly with my father since 2005. I was owning this house before marriage. As of now iam concerned regarding the status of my finances in the event of divorce. 
Question 1 - Can i gift my 50% holding of my house to my father to avoid wife's claim?
Question 2 - I have transfered my liquid assets like bank balance and share to my parents name. Will that be helpful??
Asked 1 year ago in Family Law
Religion: Hindu

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9 Answers

Under Indian law, only a widow is entitled to share in the  ancestral property of deceased husband. A divorced wife is not entitled to any share in the  ancestral or earned property of ex-husband. On that count, there should not be any apprehensions. But she is entitled to alimony if the  divorce  is contested, in MCD it is matter of settlement between wife and husband.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

1. Yes,  you can. 

2. There's nothing wrong in it.

It's your own assets,  nobody can question your such action including your wife 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You are at liberty to execute gift deed in favour of your father 

 

it should be duly stamped and registered 

 

wife has no share in your father property 

 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1. As rightly suggested by you, execute a Gift Deed for your holding of 50% to your father, so that your father would be the sole and absolute owner of the property as well as avoiding your wife's claim over the property.  However, you have to provide matrimonial home to your wife and maintenance amount towards your wife and son.

2.  Similarly, your action of having transferred the liquid assets like bank balance and shares to your parents will be legally advantageous to you.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

1. Yes

2. Whatever you do you need to maintain your daughter or children if any with legimate compensation awarded by Court

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Dear Client,

You can only gift your self-acquired property of which you are the sole owner. Any shared property cannot be gifted. This is particularly true of ancestral property.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

1. You may very well forgo 50% of your share in the property in favour of your father by executing and registering a deed of relinquishment. It is perfectly legal.

2. You are again well within your rights to transfer your liquid assets in favour of your parents.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

1. Yes you can. She has no rights in that property as it belongs to you and your father. 

2. That will not help you as your wife will demand maintenance and alimony, in case she separates, from your earnings and assets.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1. As per law, your wife having no right to claim over yours or fathers property during your life time , except she can claim residential right from you after filing a compliant under the DV Act. 

- Hence, you are free to gift your share to your father 

2. If till date she has not filed any cases against you , then it will not create any trouble for you , but if she has already filed then she can claim alimony /maintenance after considering that liquid assets which were in your name.

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

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