• Protection against false cases by wife to claim husband's property

I am going to get married under Muslim Marriage Act. I have a concern that, if there are some problems in my marriage in the future, which seem to be very common these days, my wife might file false cases against me. I do not believe in dowry nor would I ever indulge in domestic violence. Yet, I have seen my honest friends suffer at the hands of their cruel wives who are filing false cases against them to get hold of their property. I have two properties in my name. What would be the best way to protect myself against any such future trouble? If I transfer the properties in the name of my parents, would my future wife be able to file a claim on those properties still, given that I transferred them just before the marriage? What if, after transferring the properties to my father, if I get him to legally disown me? Would my future wife still have a claim on the property? Please advise on how best to protect myself against any such unpredictable event.
Asked 2 years ago in Family Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

7 Answers

Obtain in writing from wife that no demands for dowry were made at time of marriage 

 

2) you can execute gift deed in favour of your parents 

 

3) amount Muslims registration of gift deed is optional 

 

4) wife has no share in property standing in your name or parents name but only right to stay in her matrimonial home 

 

5) she can seek injunction restraining you from selling the property standing in your name 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

There are some situations where your future wife may be able to claim your property if you get married under Muslim Marriage Act. These situations include:

  • If you desert her or treat her with cruelty or neglect, she can file a suit for restitution of conjugal rights or judicial separation and claim maintenance and a share in your property as per Section 4 of the Dissolution of Muslim Marriage Act, 1939.
  • If you convert to another religion, she can file a suit for dissolution of marriage and claim maintenance and a share in your property as per Section 4 of the Dissolution of Muslim Marriage Act, 1939.
  • If you die intestate (without leaving a will), she can inherit a share in your property as per the rules of succession under Muslim law.

Therefore, you may want to take some precautions to protect yourself against any false cases or claims by your future wife. Some possible precautions are:

  • Transfer your properties in the name of your parents before getting married. This may prevent your future wife from claiming any right or interest in them. However, this may not be foolproof, as she may still challenge the validity or genuineness of the transfer and allege that it was done to defraud her or defeat her rights. She may also claim that you have retained some beneficial interest or control over the properties even after transferring them to your parents.
  • Get your father to legally disown you after transferring the properties to him. This may sever your legal relationship with him and make you ineligible to inherit his property. However, this may not be effective either, as disowning is not recognized by law as a valid mode of disinheriting an heir. Your father may still change his mind and revoke his decision to disown you or make a will in your favour. Moreover, disowning may have other adverse consequences for you, such as losing your right to maintenance or family pension from your father.
  • Make a prenuptial agreement with your future wife before getting married. A prenuptial agreement is a contract between two prospective spouses that specifies their rights and obligations regarding their property, finances, maintenance, divorce, etc. A prenuptial agreement may help you to safeguard your properties from any false claims or disputes by your future wife. However, you should be aware that prenuptial agreements are not very common or popular in India and their legal validity and enforceability are still uncertain and debatable.

Therefore, none of these precautions may guarantee complete protection against false cases by your future wife to claim your property. The best way to avoid any such trouble is to have a happy and harmonious marriage based on mutual trust, respect, and love.

 

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

- According to Muslim personal law , wife has no right at her husbands property during his life time , and she can only claim the Mehar amount which was decided at the time of Nikah. 

- However, she has right to claim maintenance /alimony and residential right from her husband during his life time, and the property in your name will have impact on it i.e. the Court may consider these property in your name at the time of calculating the maintenance /alimony. 

- Further , you have your full right to transfer the assets in your parents name any time , before and also after the marriage , and her consent is not needed for the same . 

- Further, she has also no right to claim the property from her in-laws during your life time. 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

Under Sharia and Muslim Personal Application Act, a wife is entitled to 1/8 share in husbands property only after his death. While husband is alive or after divorce she is not entitled to any share in husband’s property. There is no need to transfer any property, it cannot be claimed by wife under any circumstances. Your apprehensions are unfounded. Get happily married and enjoy married life.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Firstly, your wife cannot claim any share in your property whether she remains married or divorced at least not during your lifetime.

Secondly, Whether your father disowns or remain related she cannot claim any share in your father's property.

Your worries are imaginary.

You can retain the properties with you itself even after marriage.

Dont predict your wife to be cruel and will snatch your properties even before getting married and don't stretch your imagination to this extent.

T Kalaiselvan
Advocate, Vellore
90008 Answers
2496 Consultations

Dear client,  

Pre-nuptial Agreement: You may consider discussing a pre-nuptial agreement with your future wife. This legal contract can outline how your assets are to be divided in case of a divorce.

Property Ownership: Transferring property to your parents just before marriage can be viewed with suspicion and may not necessarily protect it from claims. It's important to consult a legal expert to understand the implications of such transfers, including the possibility of those transfers being deemed fraudulent.

Legal Disownment: Even if your father legally disowns you, it might not completely safeguard the properties, and it may be challenged in court.

Open Communication: It's crucial to maintain open and honest communication with your future spouse to build trust and prevent misunderstandings.

 

Anik Miu
Advocate, Bangalore
11019 Answers
125 Consultations

if its transferred before marriage then she cant claim

Prashant Nayak
Advocate, Mumbai
34531 Answers
249 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer