"I am going through a divorce after 20 years of marriage. I own four immovable properties: three are jointly owned with my wife, and one is solely in my name, inherited from my father." "Since my wife and I are divorcing, I want to exclude her and child name from the will and ensure she has no claims on the property in my name "I want to transfer all my shares in these properties to my sister, who is taking care of me now, as my 22-year-old child has not been in touch with me for the past four years." What are the legal steps I need to take to transfer my shares in the properties to my sister?" "Are there any potential legal challenges from my wife or child that I need to be aware of?" "What is the best way to protect my rights and ensure a smooth transfer of assets to my sister?"
Dear Client, based on your question, It is possible for you to transfer any properties as you like for your sister. The methods and implications of how this would be conducted as well as any potential problems, however, depend on the ownership of the property in question and the status of the dissolution of marriage. There is a property solely in your name that has come to you from your father; you can register the deed of gift of that property in your sister's favor after paying the requisite stamp duty. If jointly owned, then the consent of your wife is required to transfer your share. There can arise questions of your wife claiming residence rights or, even potentially, some claim in respect to properties jointly owned at the point of divorce, although she would not ordinarily have any right to your properties stood in your name alone. Your 22-year-old child will have no claim on your property unless you bestow some benefit upon it voluntarily. Nevertheless, a transfer of property could be regarded as an attempt to defeat legal claims if made during a divorce. Therefore, to be on the safe side, update your will with an express exclusion from it for your wife and child with a nomination of your sister as a beneficiary. Meanwhile, it is suggested to sort out the property matters amicably through the divorce and avoid complications. I hope this helps. Please feel free to consult us for further assistance.
Dear Client, based on your question, In order to transfer your properties shares to your sister, it is necessary to register gift deed in her name for both the property exclusively in your name and the portion owned by you in the properties owned jointly. But during divorce, your spouse may assert a claim on jointly held properties as part of matrimonial proceedings. Moreover, your l son may wish to contest the issue of inheritance of the property standing in your name after your death. To reduce the risks, seek legal opinion and make sure all documents are in order, state the transfer in your will. Hope this advise help you. for more detail discussion feel free to contact us.
Dear Sir, A major child not entitled for any maintenance. Further wife and child cannot claim share in the shares. Wife only entitled for maintenance and not more than that. Better sell all the shares in the name of your sister saying you are liable to pay her hand loan and in discharge old loans you have sold the shares to her.
