• Sell property without joint holder’s consent

Sell property without other’s consent. 

Please confirm whether or not it’s true that I can get a court order to sell the joint property, without the joint holder’s consent, that I bought entirely with my own money?

Out of my savings and capital, eight months ago, I bought my current flat jointly with my wife. I am 74 years old man. I wish to sell this flat and buy another one more suitable to me.

This flat is on 13th floor. At times I feel giddy of the height. Although there are several lifts which automatically run on generator, during prolonged periods of power cuts even generators run out of diesel and stop working. A rickshaw is available only four kilometers away. It is hard to find one for a return journey. Presently, I drive my car to shops for daily needs and visit friends and hospitals. At 74, I now want to give up driving. There are many more reasons for me wanting to change my house.

Wife is not willing to sign a sale document for her own selfish advantage and fear.
Asked in Property Law from Pune, Maharashtra
Since the flat has been registered jointly in your and your wife's name you are the owner of 50% of the flat. She owns the remaining 50%. As such, you can get a court order for the sale of only one-half of the flat. If the entire flat is to be sold then she needs to be a party to the sale.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

you need your wife consent for sale of flat . since your wife is joint owner of flat . the said flat  cannot be sub divided  or sold by you unilaterally   . 

convince your wife for sale of flat
Ajay Sethi
Advocate, Mumbai
28398 Answers
1542 Consultations

5.0 on 5.0

Hi. consent of the joint owner is must or other wise you will not able to sold the flat.
Pradeep Bharathipura
Advocate, Bangalore
4202 Answers
153 Consultations

4.3 on 5.0

What you prove in a court of law that the property(flat) was purchased out of your savings and capital and wife did not contribute any money to own it but for name sake her name too included in the sale deed. If you could convince the court up to this mark,court will pass order declaring that you are the absolute owner of the property and thereby you are free to do whatever you want with the property.
Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations

3.6 on 5.0

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