• Wife ancestor property registered to husband

Hi

Wife registered her property that she got from her parents to her husband. Can the husband sell the property as he desire? Can son/ daughter claim rights on this property??
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

1) I presume gift deed was executed by wife in her husband favour and it was duly stamped and registered

2) husband can sell the property

3) children have no share in the property

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

If she transferred the title to her husband absolutely then he is free to sell the property. During his lifetime his children have no share in the property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Upon registering the property on her husband's name, the husband becomes the owner of the Self acquired property.

2. Being the owner of the Self acquired property, the husband is free to do anything with the property during his lifetime.

3. Son/Daughter are not entitled to any right in their father's Self acquired property during father's lifetime.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
317 Consultations

5.0 on 5.0

1. Direct registration in the form of Sale Deed is possible, but you have to show consideration in the Sale Deed, which attracts huge stamp duty and therefore better option shall be Gift Deed.

2. When once the transfer of property takes place in terms of either Sale Deed/Gift Deed, the possession rests with the beneficiary.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
317 Consultations

5.0 on 5.0

Transfer can be by sale deed or gift deed

Direct registration is not possible

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. Wife has registered a deed of conveyance in favour of her husband in connection with her property which she has inherited from parents.

2. After the said registration of dee, husband becomes the sole title holder of the said property on which the wife will no longer have any claim during the life time of the husband.

3. The husband can now deal with the said property in any way he feels like.

4. The children of the husband/wife will have no claim on the said property during the life time of the husband.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Property is not registered. The deed of conveyance (like gift deed, sale deed, settlement deed etc) in connection with the property is registered.

2. All the above deeds of conveyance are directly registered with the registrar.

3. The wife can execute any such deed of conveyance and register the same in favour of her husband.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

yes, the wife can sell the property to her husband and nobody can restrain her and after execution of sale deed with consideration, the husband shall be the absolute owner of that property and sale or gift the property as per his wish.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

The modes of transfer are sale and gift deed. For sale there has to be consideration, so the feasible mode is gift deed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Wife registered her property that she got from her parents to her husband. Can the husband sell the property as he desire? Can son/ daughter claim rights on this property??

If the wife had marketable title over the property now transferred to her husband by a registered deed, then such transfer is legally valid and indisputable.

The transferee, i.e. the husband then becomes absolute owner of the property, he can very well sell the property to any person and he need not take the consent of anyone including his children or anyone nor a NOC for this purpose.

.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

Can a direct registration possible apart from gift deed to transfer to husband? What would be the posessiin of such property?

The wife can transfer the property through a gift deed or settlement deed but it should be a registered document.

The husband can transfer all the records including mutation and revenue records on his once the registered document is executed in his favor.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer