tillu tiny
Asked August 17, 2016

Adultery, Divorce and Property matters

  • 1 Answer
  • 253 Views

Respected Sir, I am 22 years of age and pursuing my B.tech final year my mom and dad got married in 1990 but in recent times they r getting some misunderstandings and my father being a chief manager of sbi gives a very few amount to house and in these times he is using a phone in secrecy due to doubt while i thought of checking i got some audio call recordings by which i was shocked in that my father was talking to a lady closely later i found that the lady was divorced and having 2 girl child who is none other than sister of my auto man and this relation is in secret not even known by her family members and this relation is expected to be not more than 5 years . My father don’t know that I figured this whole thing. If I expose him my mother would be no more and there are even chances of him to leave us and go to her but I am student still And the whole property (assets) were on my father’s name if I ask him secretly to be in correct manner there may be chances of him writing his whole assets on that lady name. I even have a sister who is recently married she might even get problems. So what should i do in order to get everything in normal???

Answer 1

Regarding your father’s assets, it is within his rights to transfer his property to any individual as he wishes. He can transfer his assets to the lady in many forms; for instance he can merely ‘gift’ all his assets to her and in case of immovable property, he may transfer the property via a ‘gift deed’ in her favour under S. 123 of Transfer of Property Act, 1882[1]. This section provides that ‘gift’ would deliver the property to the donee, i.e., the lady in this case, in a similar manner as sale of the property would deliver the property in her name.

 

He may also transfer all his assets to the lady via a will, as per S. 59 of Indian Succession Act, 1925[2]. As per this section, every person of sound mind not being a minor may dispose of his property by Will.

 

Hence, your father has complete right to transfer his share of the assets to the lady, within the Indian laws as his extra marital affair has no role to play in case of asset transfer.

 

 

 

 

[1] Available at: http://www.lawzonline.com/bareacts/Transfer-of-property/Section123-Transfer-of-property-act.htm

[2] Available at: https://indiankanoon.org/doc/1175175/

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