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Author Topic: Seeking suggestions for property registration  (Read 635 times)

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Offline Vishnu Sharma

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Seeking suggestions for property registration
« on: December 05, 2015, 10:54:35 PM »
I am a NRI living abroad. I've recently separated from my wife (got married in India, She's now an American citizen while I am a Green Card holder), but we are not divorced yet. I am planning to buy a property in Mumbai with my mother (she is paying half the money) in order to secure their future in case something happens to me.

My question is two folds:

a) If I get divorced, can my wife later legally claim her stake on this property because it has my name in it? if yes, then what will be her share since my mother will also have a stake in it?

b) If I don't put my name on this property to avoid point a and register it on my mother's and unmarried sister's name, will I have any stake in it later (after my mother's death)?

Since I am investing a significant amount, what's the best way to go forward so that I don't lose my money (in case of a fallout with my sister in the future) and also make sure my family is secure from my estranged wife in case of a divorce?

Your suggestions will be very much appreciated.

Offline adv.amarnath

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Re: Seeking suggestions for property registration
« Reply #1 on: December 07, 2015, 08:39:34 PM »
A) There is no scope to apply divorce law/ order passed in America. And in case of divorce in India, then also your wife cannot claim your property/ this flat until and unless you agreed. But if you fail to pay maintenance or permanent alimony as per any judicial order then she can claim 1/2 share of that flat as you would be owner in respect of half share.

B) Yes, as the property is being registered in the name you have fiduciary relationship you may get some trouble legally. As it is would be a Benami Transaction. But on that event, on your mother's death, her share share will be divided into your sister, you and your father, if alive as on that date) Therefore you will be the owner 1/4th share and your sister will be 1/2 + 1/4th share of the flat until it has been challenged by you.

C) For answer to this question, I cannot give it in open forum due to my professional secrets and tactics.

For further clarification and consultation in details you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Vishnu Sharma

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Re: Seeking suggestions for property registration
« Reply #2 on: December 07, 2015, 09:05:13 PM »
Hello Amarnath,
Thanks for responding.

a) So are you saying that we can't get a mutually agreed divorce in America if the marriage/registration took place in India? My wife is a professional and earns as much as I do. Plus, the reason for seeking divorce is infidelity on her part. So I hope I can't be forced to pay alimony. I know all the assets including properties will be divided into two. But my question was specific to this particular property which I am planning to buy along with my mother/sister while me and my wife are already living separately and I am only investing my money.

b) Not sure I understand your response to the second question. I can gift money to my mother to buy property, right? Are you saying if I don't put my name on the registration, then it'll be considered benami? Why is that? Also, if I don't put my name on the property and keep my name only as a nominee, then after my mother's death, my sister will be the owner of the property as her name will be on the papers along with my mother. Is that correct? On what basis, can I even challenge if my name is absent?

Can I contact you by email for answer C?

Offline adv.amarnath

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Re: Seeking suggestions for property registration
« Reply #3 on: December 07, 2015, 09:15:48 PM »
Yes. Surely.... you can call me too at my mobile phone number.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline adv.amarnath

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Re: Seeking suggestions for property registration
« Reply #4 on: December 07, 2015, 09:24:56 PM »
In respect of your further queries cropped up with my reply, it is not possible for me to explain in this open forum too.

For further clarification and consultation ion details you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Vishnu Sharma

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Re: Seeking suggestions for property registration
« Reply #5 on: December 07, 2015, 09:46:59 PM »
Ok, I've sent you an email. Waiting for your reply.

 

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