• Agreement of property done but wife claim for share

Iam 30 year old. I put an agreement to sell my property. I got advance from buyer.
. Now my wife father give paper notification to get share for my wife and three year old daughter in that property.i put diverce case. 
 Property I got from my father after his death through releasing deed from my mother and sister.
 My wife father threaten me.
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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10 Answers

1.Wife has no share in the proeprty of husband.

2. However his children has if the proeprty is ancestral proeprty.

3.in this case since reelase deed was made by your mother and sister the same becomes your self acquired property.

4.in that context your daughter cna not have any share anymore.

5.So proceed to sell the proeprty as usual.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

Wife has no share in said inherited property

2) you are at liberty to sell the property

3) she can claim right to stay in the property only

4) she can seek injunction restraining sale of property on grounds that it is her matrimonial home

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

Execute sale deed in buyer favour

2) there is no stay order passed by court restraining sale of property

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

1. In whose favour is the property registered? If it is registered in your name then neither your wife nor your son has any share therein during your lifetime.

2. You can file a suit for permanent injunction against your wife and father-in-law to restrain them from doing any act that would hinder the sale of property by you.

3. You should go ahead with sale if there is no injunction issued against the sale of property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

You go ahead and sell this property if as on today your wife is not a co-owner in this property. Nevertheless your wife has been claiming a share out of this property, but till date no Court has asked you to handover a certain share of this property to your wife and children. Such being the case, there's no impediment for you in selling this property as you are its absolute owner.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1) indemnify purchaser against any claims made by wife

2) amicable settlement is best option

3) agree to pay X amount as alimony to wife in full and final settlement of her claims

Ajay Sethi
Advocate, Mumbai
96809 Answers
7811 Consultations

Your buyer is getting worked up unnecessarily. If you are absolute owner of this property, there is no problem with yoo selling this property and him buying it.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Property I got from my father after his death through releasing deed from my mother and sister.

My wife father threaten me.

This is your own and absolute property, in which only you alone have all the rights for any transaction including disposal.

If your father in law has put a newspaper advertisement mentioning that your wife and child have share in it and hence warning the buyers to not to buy, he is ignorant of law, you may issue a legal notice to him for this notice seeking compensation for defaming your name with false information and also warn him to strictly refrain from interfering with your possession and enjoyment of the property or to face legal action as per law.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

Divorce case going on last two and half year.

I got ex-party. The put satisfied petition. Wife can't compromise to sell property.

How can I sell. Buyer force me already I got advance.

The divorce case or any matrimonial dispute cannot stop you from selling your property.

Nobody, including your mother or sister who have already relinquished their rights in the property can restrain you from disposing the property.

You can go ahead of selling the property without the consent of your wife.

She cannot claim any share in the property as a right as per law especially during your lifetime.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

Buyer struggle to buy. They must need my wife full opinion because of future problem.

Is there any permanent solution to make my wife and child away from this.

I put caviate . Is any better solution there?

If this buyer is not willing to buy without the consent of your wife, you may return his advance amount and look for a some other buyer who can understand the law involved in it.

The law is very clear that neither your wife nor anyone can interfere in your proposal to sell the property.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

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