Any transfer of property to defeat the decree/order of Court is considered fraudulent and void. If you transfer the property to brother or anyone else through sale/gift it will not affect the execution petition filed by wife. She can get such transfer cancelled.
I want to transfer my land property, since my wife got the decree of Section-9 HMA in her favour.
I am fighting a divorce case since 2019 which I have filed against my wife, and my wife has filed section-9 in 2022. The order was pronounced last month, and my divorce plea got rejected and her section-9 decree got accepted. Now my wife is trying all difference sort of means to stay with me, but I'm not in a position to stay with her and re-establish conjugal relations. Now my wife is going for the compliance of the order by any means, since I have denied her to live with me, now if I don't obey the court order of section-9, court can forcefully try to attach my property under Order 21 rule 32 of the CPC. My question is shall I sale my property to my bother, or gift deed it to my mother? What will be the best course to safeguard my land property? I have appealed in the high court, but the stay order will take time or even high court may not give the stay order, in worst case. Need advice to safe-guard my land property.
Asked 1 month ago in Family Law
Religion: Hindu
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12 Answers
Sell the property
it is the best option
- If she has not yet filed the Petition for executing the decree of Section 9 then you can sell the property if your brother is ready to purchase the same.
- Further, there is no law that force a spouse to live with his wife even after passing Section 9 Decree.
You should challenge order in high court. You can refuse to live with wife. No law, no court, no authority can force you to live with wife against your wishes. So far property is concern, you can retain the same or can rent out. For the time being you can shift to some other place.
As your wife has not yet filed the execution petition, you may better transfer the property by executing a registered sale deed in favour of a third-party.
There are chances that she will take steps to set aside the gift or settlement deed made by you in favour of your mother or sister mentioning that you have hurriedly and fraudulently transferred the property to them to avoid it being attached for failure to obey court order in RCR decree.
Once it is sold then you may remain silent to not to take her back because the court cannot force you to live with her against your willingness.
In the meantime you may follow the appeal scrupulously..
Did she apply for maintenance ? if not than no harm to your land. Maximum she can claim to stay with you but without any right on property.
Section 9 provides a legal remedy to restore a marriage, it cannot force a spouse to live with the petitioner. There is no enforcement mechanism for compliance, and failure to obey an RCR decree does not lead to criminal consequences.
If there was property dispute than there were repercussions. Right now there is no property dispute so better gift it to mother.
1. In execution of RCR decree there is no way the decree holder can forcefully enter into the house.
2. However for default on part of the judgement debtor , the decree holder cna put the assets of the judgement debtor on attachment.
3. On such event your belonging or salary can attached by the court.
1. If you sell your property to your brother, then the consideration so received will be with you and your bank deposits can also be attached,
2. The better option will be to convey the title of your properties by registering gift deeds in favour of your mother or any other reliable relative.
You have to do it before only else your action will be seen as attempt to obstruct court order
Dear sir,
You are in typical stage of life and you need to have courage to face all the worse things done by her. It is sugggested that you transfer your properties to someone who will be failthful to return the same/safeguard the same in your best interests. You may enter the gift deed or the sale in lieu of loan taken for the some purpose, be it contesting the case, etc.
Dear client,
Since section 9, i.e., the restitution of conjugal rights decree, can only be enforceable under order 21, rule 32 CPC, the court can order compliance, and the seizure of property can be done only in extreme cases; however, the attachment is not immediate and requires multiple proceedings. There are various options through which you can save your property:
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Sell it or gift it to your mother or brother and ensure that the sale is made at proper market value and through a proper banking channel to make it look legitimate; otherwise, if challenged as fraudulent, then the court may set it aside under section 53 of the Transfer of Property Act.
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• The second thing that you can do is wait for the high court order; if the high court overturns Section 9 of the decree, the attachment of the property won't be an issue.
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If you do not have any intention to live with her, consider offering her a financial settlement to avoid prolonged financial trouble.
Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.
