• Regarding property

i want to ask u some question hope u can help me
one of my relative has given house to his wife but she left that guy and from past three ye she had not been together and suddenly his wife sold the house to someone els
but that guy wants the property back bcoz his mother n other family member dont have much money to buy new home,is that any suggestion u can help me 
the guy is not divorce yet 
is it possible to get back the home
Asked in Property Law from Mumbai, Maharashtra
whether wife was absolute owner of flat ? if so she has absolute right  to sell the flat . husband cannot claim the property now . once husband has executed gift deed and it is duly stamped and regd husband does not have any rights on said flat .
Ajay Sethi
Advocate, Mumbai
28487 Answers
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thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
28487 Answers
1544 Consultations

5.0 on 5.0

Did he pass the ownership of house to his wife, or simply allowed her to live in the house? Was any agreement made between spouses whereby and whereunder her rights in the house were to be governed? 

If ownership was transferred by husband to his wife then wife owns the house absolutely now, in which scenario husband cannot recover it from her. However, if ownership was not transferred then husband can legally recover the house by filing a case for eviction against her.
Ashish Davessar
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if she is a lawful owner she can sell it
Rajeev Bari
Advocate, New Delhi
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