Legal Question in Real Estate Law in India

I hve a flat, which bought by me and on it is on my name. I hv proceeding for divorce from my wife, case is already going on, but not decided as yet. I am residing with my kids, at my mother's house.

earlier my wife was also reiding on the same home at first floor, and we are on ground floor, kids are also residing with me. last year my wife encroached my flat in the month of jan 2009, earlier it was on rent, but the day my tanent vocant the flat, she start living there, and still reisiding there only.

she also filed an application against the flat , that i can not sell it, but court did not stay on that, now she has filed for replication, but still not decided as yet.next date is in may 2010.

my question is:

my daughter is getting 18yrs in nov 2011,

can i transfer that flat to her name, and can she sell it after getting ownership of the flat.

can her mother(my wife), can stay there after my daughter ownership???

or what kind of action can take by my daughter to vocate the flat from her mother??

or can my wife file a case to stay there after my daughter ownership of the flat??

thanks


Asked on 5/08/10, 2:40 am

2 Answers from Attorneys
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

You can transfer the flat in the name of your daughter.

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Answered on 5/08/10, 10:14 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Your wife may be entitled to "residence" under the D.V.A. and therefore, the transfer, if any, may be considered as a sham transaction since you may not be able to evict your wife.

You should not try to disturb your wife's right of residence where she is living; and instead, try for an amicable out of court settlement with her.

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Answered on 5/09/10, 10:31 am


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