• I want to sell my own apartment

I am a senior citizen living alone as my wife and 3 children deserted me since 2010.
I have an apartment (960sft) bought with my sole earnings purchased in the year 1989. Title if which is in my name as absolute owner. Later in the year 2002 I myself paid in full and added another 365sft, but unfortunately the purchase (separate sale deed) was done on my estranged wife's name. The added portion though merged with the existing apartment it has separate entrance from the common areas of the building.
Now I want to sell that apartment which is in my name as owner, to meet out my living and medical expenses and also to buy a 1bhk apartment in the outskirts of Chennai as it will only cost 50 to 60% of my apartment 's sales value. 

My Legal Questions are

a) Can my wife who is living in USA claim a share or claim ownership of the apartment... After the sale and create a legal problem with the buyer? 
b) Can my son & daughters do the same? 

As far as my knowledge goes, since the property was bought by me with my sole earnings.. And also I am not in any way selling the portion of the apartment which in her name. I can legally sell or mortgage or gift to anyone and can transfer ownership title to anyone. Am I right?
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

1) No sir the flat which stands in your name you are sole owner and it is your self acquired property so you can sell transfer by your wish no body has any right on this neither your wife nor your son and daughter.

Yes you are absolutely right.

2) Further for the portion registered in name of your wife and paid by you, you can file a declaratory suit praying before court to declare you owner as you paid complete amount for that, furnish proofs of payments and wife was just a dummy owner. the court can appreciate and can declare you owner of that 365 sq ft.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your wife has no share in 960 square feet apartment bought in your name

2) your children also cannot claim any share in said flat

3) you are at liberty to sell the apartment

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

As the portion is separate and further as separate title deed exists, you are free to alienate the share which stands in your name. Your wife is free to dispose off her share.

Neither your wife nor your children's can sue you or the purchaser as the property is acquired duly out of your self earnings.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1) You can sell property belongs to your share that is 960 sq ft and stay in the later on purchased 365 sq ft.

2) Try to insert partition as it was initially and start living in the 365 sq ft area. Because the property is still in your wife's name.

3) You may have merged the property but on paper it may be separate only.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Client,

Being actual payer, your ownership will prevail over property but as it was bought in the name of wife, so such ownership declaration is permissible/possible through court.

And the property which is in your sole ownership, non can raise any claim. You are free to dispense that property by your choice.

Son daughters have no claim.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

You can sell your house your part of the apartment being registered owner and no one can stop you or ask for share in the same. Please go ahead and sell. Just put a wall on the wife's share. sell your's use of the wife's share if it is usable till she comes back and claim her share. Meanwhile also buy a small house as needed.

Best of luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

Both your wife and children cannot claim any share of the 960 ft. property as the said property was bought from your own finds, hence it is a self acquired property and you are at complete liberty to sell it, without taking any consent from your family members.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

As you said that the 365 Sq Ft flat was also purchased by own funds, but in is your wife name, for that you can file a suit for declaration in civil court to get ownership of that property too, if you can have evidence to prove that the consideration was entirely paid by you.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

As regards your share of 960 square feet, no one can claim any kind of ownership of the same as it is self acquired property and you can alienate anyone according to your wish.

Shaveta Sanghi
Advocate, Chandigarh
914 Answers
111 Consultations

5.0 on 5.0

If you are planning to sell the apartment measuring about 960 sq ft., that was purchased or acquired by you out of your own funds, you do not require permission from your wife or your children to sell it, gift it, lease it etc., you are free to do whatever you want to do with it and nobody from your immediate family can question that.

Yes in so far as the other apartment measuring 365 Sq ft., is concerned, even though you funded the purchase, the same stands registered in your wife name, and since she is alive and currently in the US, you will require her consent to sell it, anyways you do not want to sell it, so her consent to sell your flat does not arise, neither does the consent of your children required for effecting the sale of your flat.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

1.you can sell the 960 sq ft standing in your name

2. Your wife and kids cannot object

3. The extra portion built by you which is registered in your wife's name is also essentially your property as you contributed funds for the same. But since its not in your name, you will have to file a declaratory suit to declare you as owner of the extra portion

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Yes, you are exactly right way. This is your purely self acquired property, you can disposal as per your own wish as you like. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

As far as your knowledge goes, since the property was bought by you with your sole earnings.. And also you are not in any way selling the portion of the apartment which in her name. You can legally sell or mortgage or gift to anyone and can transfer ownership title to anyone. You are right.

As far your legal questions are concerned:

a) Can your wife who is living in USA claim a share or claim ownership of the apartment... After the sale and create a legal problem with the buyer?

b) Can your son & daughters do the same?

Legally speaking, they cannot.

However, in case there is any dispute later on buyer would face no problem till you are with him. Life cannot be lived on presumptions. Think positive and sell the property. What they will do is there problem not yours. You are legally right. Go ahead.

Dalip Singh
Advocate, New Delhi
1039 Answers
36 Consultations

5.0 on 5.0

Sir,

1) 960 Sq.ft you can sell without anything to think as it is on your name.

Since you are not willing to touch the property being in the name of your wife in any manner. You are free to go and sell/gift/transfer it.

Furkan Ahmed
Advocate, DELHI
16 Answers

4.0 on 5.0

Dear Sir,

My answers are as follows:

a) Can my wife who is living in USA claim a share or claim ownership of the apartment... After the sale and create a legal problem with the buyer?

Ans: It is your self acquired property she cannot claim. Any legal issue if raised cannot stand.

b) Can my son & daughters do the same?

Ans: It is your self acquired property they cannot claim. Any legal issue if raised cannot stand.

As far as my knowledge goes, since the property was bought by me with my sole earnings.. And also I am not in any way selling the portion of the apartment which in her name. I can legally sell or mortgage or gift to anyone and can transfer ownership title to anyone. Am I right?

Ans: You are 100% correct Sir. You may instead file a case under Senior Citizen Act and bring them to terms. The exhaustive law is as follows.

=================================================================================

http://socialjustice.nic.in/UserView/PrintUserView?mid=52569

The Maintenance and Welfare of Parents and Senior Citizens Act 2007

What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?

Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.

The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.

What is the applicability of the Act?

Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).

When will the Act come into force in the States?

Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)).

What is the definition of Child/children under the Act?

Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor.

What is the definition of Maintenance under the Act?

Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment.

What is the definition of a Senior Citizen under the Act?

Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.

Who are eligible for claiming maintenance under the provisions of the Act?

Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance.

Whether a person other the claimant can file application on his/her behalf?

Ans. An application for maintenance may be made:-

a. by a senior citizen or a parent, as the case may be; or

b. if he is incapable, by any other person or organization authorized by him; or

c. the Tribunal may take cognizance suo motu.

Whether there is any provision for the Tribunal to order subsistence allowance to the claimant during the proceedings?

Ans. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.

What is the time limit for disposing an application for claiming maintenance?

Ans. An application filed under subsection (2) of Section 5 for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person. However, the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing.

What is the monitoring mechanism for implementation of the Act by the States?

Ans. The Act has been enacted in pursuance of the provisions of Article 41 read with Entry 23 of the Concurrent List (Schedule VII) of the Constitution of India. State Governments are required to notify the Act and frame Rules for implementing the provisions of the Act. However, Section 30 of the Act enables the Central Government to give directions to State Governments for carrying into execution of the provisions of the Act. Further, Section 31 of the Act provides for periodic review and monitoring of the progress of implementation of the Act by the State Governments. The Ministry will act in accordance with these provisions to ensure effective implementation of the provisions of the Act by the States.

Has any timeframe has been prescribed for setting up of Tribunals by the States?

Ans. The State Government are required to constitute for each Subdivision one or more Tribunals as per the need within a period of six months from the date of the commencement of this Act.

What is the effect of the order of maintenance?

Ans. A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 and shall be executed in the manner prescribed for the execution of such order by that Code.

Who can appeal to the appellate Authority under the Act?

Ans. Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal.

What is the time limit for an appellate authority to dispose of the appeal?

Ans. The Appellate Tribunal is required to make endeavours to pronounce its order in writing within one month of the receipt of an appeal.

Is there any penal provision for enforcement of maintenance order of the Tribunal?

Ans. Yes, the Maintenance Order given by the Tribunal will have the same effect as the maintenance order passed under Section 125 of Cr. PC. This will include imprisonment upto One month and also issue a warrant for levying the amount due in the manner provided for levying fines.

What are the provisions about revocation of will?

Ans. As per the provision of Act, a senior citizen can seek to revoke any property, which has been transferred in favour of children/relative on the condition that such children/relative would provide maintenance to him but are not providing the same. The tribunals are empowered to declare such transfers as void on the applications of such parent.

Is any penalty/imprisonment is for the children who abandon their parents?

Ans. Yes, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 contains penal provisions to discourage abandonment of parents by their children by imprisonment for a term of 3 months and a fine upto Rs. 5000/or both on the children.

What are the similarities between Cr. PC 125 and the Maintenance and Welfare of Parents and Senior Citizens Act 2007?

Ans. A parent can claim maintenance in the prescribed manner either from the Court under Cr. PC 125 or from the Tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, if he or she is unable to maintain himself or herself. The penal provisions for enforcement of orders of maintenance under Cr.PC /Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 are similar.

What are the provisions for medical care of senior citizens provided in the Act?

Ans. The Act provides that State Government shall ensure that, the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible; separate queues be arranged for senior citizens; facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens; research activities for chronic elderly diseases and ageing is expanded; there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.

What are the provisions for protection of life and property of senior citizen provided in the Act?

Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of lifeand property of senior citizens.

What are the provisions for prevention of abandonment of senior citizen provided in the Act?

Ans. The Act provides that whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.

What is the monitoring mechanism for implementation of the provisions of the Act by the States?

Ans. The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments.

National Policy on Older Persons

What are the salient features of National Policy on Older Persons?

Ans. The Government has formulated the National Policy on Older Persons, which was announced in the year 1999 covering all aspects concerning older persons. The salient features of the National Policy are as under:

DEAR MADAM,

You may take shelter under the following Act which has empowered the officers to adopt summary procedure and extend all comforts to you.

=========================================================================================

http://socialjustice.nic.in/UserView/PrintUserView?mid=52569

The Maintenance and Welfare of Parents and Senior Citizens Act 2007

What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?

Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.

The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.

What is the applicability of the Act?

Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).

When will the Act come into force in the States?

Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)).

What is the definition of Child/children under the Act?

Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor.

What is the definition of Maintenance under the Act?

Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment.

What is the definition of a Senior Citizen under the Act?

Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.

Who are eligible for claiming maintenance under the provisions of the Act?

Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance.

Whether a person other the claimant can file application on his/her behalf?

Ans. An application for maintenance may be made:-

a. by a senior citizen or a parent, as the case may be; or

b. if he is incapable, by any other person or organization authorized by him; or

c. the Tribunal may take cognizance suo motu.

Whether there is any provision for the Tribunal to order subsistence allowance to the claimant during the proceedings?

Ans. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.

What is the time limit for disposing an application for claiming maintenance?

Ans. An application filed under subsection (2) of Section 5 for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person. However, the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing.

What is the monitoring mechanism for implementation of the Act by the States?

Ans. The Act has been enacted in pursuance of the provisions of Article 41 read with Entry 23 of the Concurrent List (Schedule VII) of the Constitution of India. State Governments are required to notify the Act and frame Rules for implementing the provisions of the Act. However, Section 30 of the Act enables the Central Government to give directions to State Governments for carrying into execution of the provisions of the Act. Further, Section 31 of the Act provides for periodic review and monitoring of the progress of implementation of the Act by the State Governments. The Ministry will act in accordance with these provisions to ensure effective implementation of the provisions of the Act by the States.

Has any timeframe has been prescribed for setting up of Tribunals by the States?

Ans. The State Government are required to constitute for each Subdivision one or more Tribunals as per the need within a period of six months from the date of the commencement of this Act.

What is the effect of the order of maintenance?

Ans. A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 and shall be executed in the manner prescribed for the execution of such order by that Code.

Who can appeal to the appellate Authority under the Act?

Ans. Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal.

What is the time limit for an appellate authority to dispose of the appeal?

Ans. The Appellate Tribunal is required to make endeavours to pronounce its order in writing within one month of the receipt of an appeal.

Is there any penal provision for enforcement of maintenance order of the Tribunal?

Ans. Yes, the Maintenance Order given by the Tribunal will have the same effect as the maintenance order passed under Section 125 of Cr. PC. This will include imprisonment upto One month and also issue a warrant for levying the amount due in the manner provided for levying fines.

What are the provisions about revocation of will?

Ans. As per the provision of Act, a senior citizen can seek to revoke any property, which has been transferred in favour of children/relative on the condition that such children/relative would provide maintenance to him but are not providing the same. The tribunals are empowered to declare such transfers as void on the applications of such parent.

Is any penalty/imprisonment is for the children who abandon their parents?

Ans. Yes, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 contains penal provisions to discourage abandonment of parents by their children by imprisonment for a term of 3 months and a fine upto Rs. 5000/or both on the children.

What are the similarities between Cr. PC 125 and the Maintenance and Welfare of Parents and Senior Citizens Act 2007?

Ans. A parent can claim maintenance in the prescribed manner either from the Court under Cr. PC 125 or from the Tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, if he or she is unable to maintain himself or herself. The penal provisions for enforcement of orders of maintenance under Cr.PC /Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 are similar.

What are the provisions for medical care of senior citizens provided in the Act?

Ans. The Act provides that State Government shall ensure that, the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible; separate queues be arranged for senior citizens; facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens; research activities for chronic elderly diseases and ageing is expanded; there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.

What are the provisions for protection of life and property of senior citizen provided in the Act?

Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of lifeand property of senior citizens.

What are the provisions for prevention of abandonment of senior citizen provided in the Act?

Ans. The Act provides that whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.

What is the monitoring mechanism for implementation of the provisions of the Act by the States?

Ans. The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments.

National Policy on Older Persons

What are the salient features of National Policy on Older Persons?

Ans. The Government has formulated the National Policy on Older Persons, which was announced in the year 1999 covering all aspects concerning older persons. The salient features of the National Policy are as under:

=================================================================================

YOU MAY PLEASE CALL THE FOLLOWING OFFICE FOR MORE DETAILS

==================================================================================

Senior Citizens Council of Delhi

Dedicated to the service of senior citizens, to enable them

to live an independent life of respect, autonomy and dignity.

Senior Citizens Council of Delhi is a registered body since 2007, representing senior citizens all over Delhi duly associated with the Ministry of Social Justice & Empowerment, Govt of India, Social Welfare Department of Delhi Govt, I.C.C.R and Senior Citizens Cell of Delhi Police.

=========================================================================================

Senior Citizens Council

B-2/73-B

Safdarjung Enclave

New Delhi

110029

India

Phone: +[deleted]

NINE EIGHT ONE ZERO FOUR EITHT EIGHT ZERO FIVE NINE

Email:[deleted]

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

a) Can my wife who is living in USA claim a share or claim ownership of the apartment... After the sale and create a legal problem with the buyer?

Answer: Yes she can create a problem. Since she is owner of the 365Sq.Ft. area of the land. Since there is a different document for the same, she is the owner of that portion of the land;

b) Can my son & daughters do the same?

Answer: Your son and daughter can claim the land only after you or your their mother's demise. Till then, they cannot file a claim.

This is in further response to you:

1. You can only sell your portion of the land i.e.960 Sq.Ft.;

2. You can also request your wife to sign a Gift Deed in your favour to transfer the 365Sq.Ft. area to your name;

3. Once that is transferred you can sell 960+365 Sq.Ft. area in total to the new buyer.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Yes sir as you have mentioned that it has been bought by your sole earnings and you are not even selling her portion for which you may have to take consent or NOC from her, you can please go ahead and make a sale of the property as you may be in need of also.

God Bless You Sir...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

a) & b) For selling the flat standing in your own name you have every right, and no one can legally challenge your action.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

If both the properties are having a combined sale deed, then there are chances for a dispute from her side.

If there are two sale deeds, then you can sell the property which is on your name alone.

Neither your wife nor your children have any rights in your own properties at least not during your life time.

You can sell the property which is in your name alone.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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