Let the couple enter into a Memorandum of Understanding (MOU) and document the conditions in it.

- If she is interested to live with you, then you can settle the dispute before the mediation cell 

- The Mediator will try to compromise the dispute after keeping the conditions of both the parties 

- Your wife and may be said mediator will not agree on the condition that she will not show same old Behavior and attitude towards to you and family -“ otherwise you will not give single penny and she has to give mutual divorce , as said condition will be treated as her admission of fault and cruelty on you. 

- However, she can admit the condition that " she will live with you and in-laws as an obedient wife and daughter-in-law, and will never give any opportunity to complain.

You cannot impose conditions that wife will not get a penny that she has to agree for mutual divorce such condition is contrary to law 

2) you can enter into consent terms with wife file it before judge 

The conditions whatever agreed between you and your wife can be reduced to writing in the form of a memorandum of understanding and not recorded in the mediation report.

The conditions are mutually agreed to, if she is not accepting the conditions that yo may propose to impose she cannot be forced to.

The mediator will not record the conditions in the report, hence you may have to better get into a MOU which will serve as documentary evidence, however it cannot be enforced. 

Dear Client,

According to the Alternative Dispute Resolution (ADR) Mechanism under the Civil Procedure Code (CPC), mediation settlements should be clear and unambiguous. Incorporating conditions in a mediation settlement is possible but needs careful drafting to ensure they are enforceable. Work closely with your lawyer to ensure the conditions are clear and legally binding. Behavioural conditions are challenging to enforce, but financial and specific action-related conditions (like mutual consent for divorce) can be included and used as evidence in the future. Should you require any further clarification, please do not hesitate to contact us.

Dear Sir 

You cannot legally put this statement in mediation agreement which you have disclosed above i.e 

"In the future , if my wife show same old Behaviour and attitude towards to me and family -“ 
I will not give single penny and she has to give mutual divorce to me” . This needs to be reframed with proper legal 
words and frame work. 

Other clauses are unknown to me and due to limitations, i would request you to contact me personally on 
phone or at my office for detailed consultation if any required..

If you found my answer help , Please provide your valuable ratings.

Thank you. Warm regards

- Adv Harshita Shah

Your father can sell the property during his lifetime 

in such a case you would not inherit the property 

your father can transfer sale proceeds to you during his lifetime 

Any unregistered declaration or memorandum is not enforceable in law. 

You can inform her that any property coming to you will automatically go to your children after your lifetime. 

Simultaneously you can ask your father to not to transfer any property to your name now or in few years from now.

You first solve the present problem and think about future issues later on. 

Dear Client,

If you sign a written declaration agreeing to give your child a share of any property that might be transferred to you in the future, this could become a binding legal obligation. This might include any property inherited from your father or acquired by you later. Your wife could potentially use this declaration in the future to claim a share of the property for your child, even if your financial situation changes or if you have other children later. This declaration might also limit your ability to freely transfer or sell property without fulfilling the obligation first. Under Hindu law, your father’s property will only become your self-acquired property after it is legally transferred to you. Until then, you have no legal ownership, and any declaration made now might be challenged for being premature or speculative.

Explain to your wife that it is legally premature to make a declaration about property you do not currently own. Offer alternative arrangements, such as setting up a fixed deposit or a trust in your child’s name, which can provide financial security without committing to a future property share. You might also propose to include a clause stating that any future property distribution will be done according to mutual agreement, allowing flexibility. Politely but firmly refuse to sign any declaration that might bind you to future property distribution. Should you require any further clarification, please do not hesitate to contact us.

- As per law, she has no right to claim over your property during your life time ,and further has no right over the property of in-law. 

- If you will give a declaration at the time of taking mutual divorce, then that declaration can be admitted before the Court., and later she can file a case on behalf of child. 

- Hence, you should reject this proposal , and only agreed for the payment of alimony amount, and further must mention that after divorce she and the child will have no right over your or ancestral property. .