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498A,504,506,34 filed do I need to transfer my immovable assets
28-Dec-2024 (In Family Law)
498A,504,506,34 filed by my wife on me and FIR filed but chargesheet not submitted by police and have applied for anticipatory bail and as things do forward cause it will ultimately end in divorce can I transfer the house which is my name on loan with me being main borrower and dad co-borrower by gift deed to my mother is it ok or it will cause any issue at the time of maintenance and alimony settlement by court
Well, the question which you are asking, answer of it cannot be simply given without going through Case related Documents. Hence, I urge you to share case related Docs first, so that, proper legal advice can be given to you on call.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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If you transfer your house in your father's favour even then you have to pay maintenance to your wife. The Courts now a days have become aware of the modus operandi of the husbands to circumvent payment of maintenance. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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please transfer in any of your parents' name as you will be saved from sharing a huge chunk of your assets to your wife. the matter may go on for years and if interim maintenance is granted then your income and assets should be shown undervalued
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Adv. Kajal B Joshi
Mumbai | 50+ Answers
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Transfer of immovable property is governed by Transfer of Property Act 1882.
There wont be any issue in transfer of the property until and unless no suit is filed or pending against the property as section 52 of the said act prohibits such transfer and can be reversed by the court. Hence before your wife gets your property involved in court proceedings get the transfer done. The only issue you may face is from the Financial Institution which granted you the loan as they will need payment security from your mother. My advice would be to get your share transferred to your father making him the full owner and get a will prepared in your favour for the property if you have siblings to avoid any future litigation in property inheritance.
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Adv. Imran Asgar Sayed
Mumbai | 25+ Answers
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