Property safeguarding in divorce
I have filed for divorce after 6 years of marriage due to so many issues. Now my wife lives with her parents. We do not have any children.
Q1) Can my wife stake a claim on my parents' self-acquired properties?
If the answer is YES, then what are the steps we should take to safeguard the properties?
If the answer is NO, then can there be any claims after my parents are no more. My parents are worried as divorce proceedings in India take decades to finalize.
Q2) Can my parents make a will excluding my name as the beneficiary? Can they write the properties to my brother's name? Which is less cumbersome and more safe? My father owns one property and my mother owns two.
Q3) Can my wife challenge the WILL at any point of time because we have filed for divorce already. Should we publish it in dailies? Should we get the will registered? Will it invite taxes on the beneficiary?
Q4) Generally how much will the lawyer charge for drafting and getting it registered? Will it be a flat rate or does it depend upon the market value of the documents concerned? Should I furnish the details of the aforesaid properties to the lawyer?
Previously, I used to have a job and my last pay was 50k pm all inclusive. Because of these domestic issues, I was not able to concentrate and I was forced to resign. Presently, I have managed to get a job which pays me 15k pm.
Q5) If the court awards maintenance to my wife will it be on the basis of my present or past salary? She is an MBA and did not wish to work after marriage. It was her choice not to work.
Q6) Can she claim a share in my fixed deposits where she has not contributed anything? If the answer is YES, then can I transfer the FD to my parents' names?
Asked in Family Law from Bangalore, Karnataka
No is the answer, if she cannot claim any share in your own property then how do you think that she can claim any right in your parents property beyond you. In fact you yourself cannot claim a share in your parents's properties during their lifetime, so just relax, she cannot legally claim anything.
2. The absolute owners of a property can dispose/transfer/bequeath their properties in any manner of their choice, nobody can compel them to do anything in their favor.
3. Your wife cannot in any any manner challenge the Will. Will is no doubt not necessary to be registered as mandatory, but registered will cannot be challenged in any manner by anyone even having a vested interest over it.
4. The charges and lawyer fee cannot be predicted, it depends on the the lawyer who you would like to engage.
5. There are various judgments from supreme court to high courts stating that highly qualified women cannot sit idle at home to claim maintenance.
The maintenance case shall be decided on how both the parties present their version before court.
1) your wife has no share in your parents self acquired properties
2)if you inherit any properties on your parents demise wife can claim right to stay in her matrimonial home
3) wife has no share in your self acquired or inherited properties
4)parents can make will excluding you as beneficiary
5)they can make will bequeathing all properties to your brother
6)your wife cannot challenge your parents will
7) registration of will is optional
8) lawyer charges flat fee for drafting will
9) you must furnish details of properties to your lawyer
10) maintenance would depend upon your income for last 3 years
11) wife has no claim over your fixed deposits lying in your name
1. No. After the demise of your parents their properties will either devolve through succession or inheritance.
2. Your parents are free to will their properties to anyone by excluding you.
3. Your wife has no right to challenge the will of your parents. The will should be registered though.
4. The fee structure of lawyers is not uniform anywhere in the world, so cannot answer this question. There is no stamp duty payable on registration of a will.
5. Maintenance has to be fixed on the basis of current and not past salary. You may successfully contest her claim as she has sound educational qualifications.
6. She cannot claim a share in your fixed deposits.
1. Wife will not have any claim on the property of your parents as well as yours during your lifetime. After the demise of your parents, their properties will be inherited by you and your siblings. Even without divorce, wife has no claim on husbands property during his life time,
2. There is no need for your parent's executing a will depriving you to save their properties from the hand of your estranged wife. She won't get any of your properties or share of properties during your lifetime. If divorced, she won't get your property even after your demise,
3. Relax. Your wife will never have any legal right on your parent's or yours property as explaned above. She can claim maintenance/alimony/compensation from you in her divorce petition,
4. Drafting and getting a Will registered should not take more than Rs.20 K though legal fees vary from state to state and lawyer to lawyer,
5. Court will award maintenance based on your present net monthly earnings and highly qualified wife capable of earning being employed is not entitled to any maintenance,
6. No. As explained above, she can not lay claim on any of your or your parents movable or immovable properties which include bank FDs.
A false 498a was filed against me and my family after I filed for divorce (on the grounds of unconsummated marriage). We then took AB.
The police (writer) called us yesterday and said he wants to do us a favour by removing my brother's name from the charge sheet. Said he wants to speak to our lawyer. Lawyer calls up few minutes later and says getting through the case is all about how much money we spend and when I was not very keen, he said if we don't pay then all of us will have to run around to the court for 4-5 years.
What is the advantage of removing a name or two from the charge sheet? Does removing name from charge sheet mean that you are acquitted? Or is it simply a ploy between the lawyer and police to squeeze us dry? Even the FIR does not mention any specific charges. It simply says that we asked for 5 lakhs and asked for a site (baseless). What do we do now? The lawyer insisted on AB and we paid through our nose when the police did not even summon us a second time. And we paid additional sums to the lawyer to advance our bail hearing date. Then again, he asked us to pay the police when we went to furnish bond and surety.
We are not in a position to keep on paying. If we refuse to pay, can the police add up unnecessary charges against us? Tomorrow he may ask us to pay again when the case reaches the court. We are in a very unenviable position. Is there any way out? Or should we end up paying everyone whenever they demand. Kindly help.
Asked 10 months ago
no need to pay bribe money to police to remove your brother name from charge sheet
2) better contest case on merits before trial court .
3) you and your family would be acquitted if there is no evidence against you and other family members
4)you can change your lawyer if you so desire
The police are developed that way by doing anything for the sake of graft they receive.
It is usual that they demand this heft money for doing this favor.
If the police is removing your brother's name from the charge sheet, he may not be in the list of accused and he can roam around freely including taking up an assignment in a foreign country.
If the demanded amount seems o be heavy and cannot fit your pocket then you have options to either negotiate the amount or to refuse the offer and challenge the false cases in the court accordingly.
Some lawyers on observing your good economic background and utilising your weakness, shall gradually keep demanding the amounts at various intervals as the circumstances arise.
You can inform your lawyer that you are ready to face the case in court and refuse to pay anymore money.
You can change your lawyer also after that.
The police cannot do any harm to you after you have taken anticipatory bail and also obtained bail bonds.
After investigation by police, the case shall be forwarded to the court with the charge sheet.
You can engage a good lawyer and fight out your case.
1. Stop succumbing to such undue pressure and face the consequences boldly,
2. Try to audio record the illegal demand made by the IO for giving you the relief,
3. Report the matter to the S.P. having jurisdiction on the said police station,
4. If any false or baseless charge sheet is filed, you can file a quash petition u/s482 of Cr.P.C. praying for quashing the FIR.