• Can I purchase ready home, by the owner who applied divorce

Good evening,
This is Ravindrakumar from Bangalore, planning to purchase ready home in Grama Thana limit. All the meeting and conclusion of purchasing is over. But, the owner (let say P1) of the present home (which i am about to purchase) applied for divorce which is still under trial since 2yrs. 
P1 is 28yrs old present, and married on 2010 (love marriage, let wife P2)
Purchased property on 2015
Applied divorce on 2016 by P1
Have one kid Girl 7 yrs old(P3)
Giving compensation 10,000/- every month on Humanity ground (not by court order)
My questions are:
Does this property is safe if I purchase (without concern or sign of P2)
Does she have rights to fight against me for the partition in future. 
Later, P3 become major in future, does she have any rights on this property.
The property is whole and sole belongs to P1
Asked 4 years ago in Property Law
Religion: Hindu

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26 Answers

If the entire sale consideration towards buying the property is paid by the husband then the wife or the daughter would not have any claim in the self acquired property of the man.

So you can go ahead to buy the property if the entire consideration has been paid by the husband through his bank account and from his own earnings.

Also the property documents need to be vetted by an advocate in order to give you more concrete advice

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

1) his wife can claim right to stay in matrimonial home

2) seek injunction restraining sale of the flat

3)girl has no share in self acquired property standing in her father name

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Yes if the wife is not the joint owner then there is no dispute just check it is not in her possession.

No she does not have any right in the property is not the joint owner,

No the daughter and the wife both doesnot have any right in the property as husband is sole owner you just check for the peaceful possession.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Wife has no right title or interest on her husband's property as per Indian Law.

wife can claim

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

P1 by law is only liable to pay maintenance to his wife and kid on divorce

he is not obliged to give them any part of his property

so long as he is alive he can do whatever he wants with his property

when he dies, his daughter from divorced wife will have a share as a legal heir

but that right accrues to his daughter after his death and not when he is living

in order to be on safer side you can issue a public notice in local newspapers informing public that you are buying P1's property and if anybody has objections then he should inform you with documentary proof

also ascertain from the divorce proceedings that there is no stay against the sale of P1 's property ordered by the court

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

Completely safe to but, if the property as on date stands exclusively on the name of P1.

This being a self acquired property of P1, P3 will never have an interest in this property, even after becoming major.

No, she can claim a share from you post sale.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

If P1 is sole owner of property than its safe but make sure in advance that no court stay to alienate property under domestic violence act.

No, she has no share in husband self acquired property.

P3 She also dose not have any right.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Well, though wife has no share in the property of husband but she has right of residence there and to enforce her rights she can get injunction order in a case under PWDV Act.

2. So take information from him whether she has filed any PWDV Case and f she has filed then get information whether she has got any residence or injunction order.

3. if there is no such circumstances exist then you can proceed to purchase the property if the title is otherwise clean.

4. You can do so only if the property stands under the sole name of husband and not in joint name of wife or child.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You can purchase it

What ever you are thinking is not an issue till the person who is selling is alive.

Thankyou

Vasu Vibhav Purohit
Advocate, Narnaul
23 Answers
1 Consultation

Not rated

After purchase, P1 ceases to be owner

So even if he dies, you wont be affected

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

Once flat has been sold by husband by registered sale deed and he dies before divorce decree is granted his wife or child cannot claim any share in said flat

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

No, even then they have no claimagainst you.

This being the self acquired property of P!, during his manner he may dispose off the same in any manner as per his wish.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Once the property is registered in your name they have no right over the property even after death of P1

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No they can’t ...because the person who is selling it his property that too self acquired . He can deal with his property in any manner he likes.

Thankyou

Vasu Vibhav Purohit
Advocate, Narnaul
23 Answers
1 Consultation

Not rated

No, once property sold, no inheritance right lefts in property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the title of the property is in the name of P1 there is nothing to worry about the wife cannot claim the property of P1 the only thing we can claim is the maintenance that she is getting already you can go ahead with the Purchase there is no problem

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. If it is the self acquired property of P1, then during his lifetime, he alone has the absolute right to deal with the property.

2. P2 and P3 do not have and shall not have any right in the self acquired property of P1 during P1's lifetime.

3. After the sale deed is executed by P1 in your favour and P1 dies after that and before the divorce judgement, P2 and/or P3 will not have any right over the property of deceased P1, since during the P1' lifetime itself the transaction had taken place.

Shashidhar S. Sastry
Advocate, Bangalore
4166 Answers
258 Consultations

5.0 on 5.0

Dear Sir,

Since their appears no stay order by any court and as it is self acquired property of husband you can purchase without the signature of wife. No share will be given to children and wife during the life time of husband/father since properties are his self acquired properties. There is no creation of charge over the said property. You can go ahead.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. In whose name the title of the said stands as per the records of the sub-registrar?

2. Transfer of property is not depended on the marital status of its title holder.

3. You can buy the property from P1 if the title of the property stands in his name and if there is no Court order restraining him in dealing with the said property

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. After you register the sale deed executed by P1 in your favour, the title of the property get transferred in your faour.

2. Thereafter you become the owner of the said property and it hardly matters to you whether P1 dies or lives thereafter.

3. None of the legal heirs or family members of P1 can claim any share of the said property which you have already bought legally from P1.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Hi,

Till the time there is no court order as regard to this property, it is safe to buy. Just after registration, get the mutation done.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

If the property was purchased by P1 on his name alone by a registered sale deed, then he will be the absolute owner with clear and marketable tittle to the property.

This means neither his wife nor his children can make any claim either now or at a later stage too not only in this property but also on any other property solely owned by P1.

If you have obtained a legal opinion .on other legal issues concerned with the property you may not worry about this aspect and can proceed with the proposed purchase.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

After purchasing, if P1 dies before the Divorce judgment (weather Natural or Unnatural) does P2 or P3 can go against us to claim, whereas if they don’t have any assets for their livelihood .

Once P1 has executed a registered sale deed to you and transferred the property with delivery of possession, you will become an absolute owner of the proeprty.

His legal heirs cannot stake any claim even on an unfortunate sudden death of the seller after the property has been legally alienated in your favor during his lifetime.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Yes if he dies without a will before the divorce then P2 and P3 can stake a claim in the property

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

It is advised that P1 should purchase the property and make a will for the property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes. You can purchase if there is no stay order by court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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