• Is signature of current wife required

I am trying to buy one apartment in Bangalore. Owner had registered this property in joint name with his wife in 2009 while buying from builder. His wife passed away in 2014. He has remarried. My question is that do I need signature of his current wife during sale deed? His current wife is not available for signature during registration. He has provided death certificate of his diseased wife. is it important to get consent of his current wife during registration? if its possible, is there any some sort of notarized Noc from wife is required? Please provide your valuable guidance.
Asked 7 years ago in Property Law
Religion: Hindu

13 answers received from multiple lawyers

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13 Answers

1. when his wife died this property automatically came in his absolute ownership.

2. no need to take signature of his second wife because property was registered in joint name in their individual capacity. so when one joint owner dies nature of property changes and remaining joint owner becomes absolute owner.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1.First check whether this man has any child from his first marriage.

2.If no then the signature of this man is only required.There is absolutely no requirement for signature of his second wife.

3. His second wife has no share in the property and hence no NOC of that sort is necessary.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

The current wife has no role in this transaction. But his children (if existed) from first wife has role in this transaction. So ask the relationship certificate or legal heirship certificate of the deceased wife.

After the death of wife the property right of deceased goes to her legal heirs....childrens and husband

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

1. Signature of his current wife is not needed since the property is the Self acquired property of the present seller and his deceased first wife.

2. However if the first wife has a child/children signature of the child/children is a must.

3. Legally speaking, consent of the current wife is not a must.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

1) current wife has no share in self acquired property of her husband

2) no NOC from current wife is required

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

NO, there is no requirement but you should get an NOC from the legal heirs of the previous wife

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. On the demise of his wife her share devolved through succession on her husband and child. If the couple had no child then the share devolved on husband alone, thereby making him the absolute owner of the apartment.

2. His current wife has no share in the house, so her consent is not required.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi, As Owner wife died, the ownership of property needs to be transferred to owner before you buy. Even her kids has right in the property as per legal heir. Here You did not mention the remarriage is registered. I suggest, you can meet me to discuss more on this.

Thanks,

Adv.Niranjan,

Mobile - .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

The signature or consent or NOC from the present wife is not necessary.

The legal heirs of the deceased wife have to execute the registered sale deed jointly along with the vendor because they have rights to a share in the property of the deceased joint owner of the property.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Are ther any other legal heirs to the deceased woman?

i.e., are there any children born to her out of her marriage with this vendor, if so then they are supposed to sell the property jointly or give registered POA to the vendor or at least he should have their relinquishment deed.

There is no necessity of signature or consent or NOC from the present wife because she has no rights over her predecessor's property..

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. Even if the seller is a Christian, the property in his hands is considered as self acquired property, and during his lifetime he is independent to take a decision, whether to retain the property or to sell the property.

2. In the instant case only the seller's signature is a must for transfer of property in favour of the buyer.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

It applies in case of Christians too

Wife signatures is not required for sale of self acquired property of husband

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

it is not applied, if sellers religion is christian/marriage is registered legally. Now, the owners legal heir are includes his 2nd wife and her kids (if any) .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

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