• Joint possession of property with spouse

I am keen to know the pros and cons of purchasing a property jointly in my spouse's name considering the fact that we don't get along well all the time. How can I ensure the property is passed on to my daughter in the future?
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

See it is better to register property on your own name then in joint name of wife and you as in case of any dispute with wife property will be in dispute too.

So better to purchase property in name and create will in favour of the daughter.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Incorporate a clause that joint owners hold the  possession as tenents-in-common where ownership of any deceased owner passes to the legal heirs of the deceased.

Or alternatively you can specify share of each joint owners in the property.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Dear Sir,

want to sell your share in the property, you will have to first offer it to the co-owner. It is only after your co-owner refuses to buy it and gives you an approval to go ahead, you can sell your share to a third party. If you jointly own a property with your family members, you might find it difficult to sell your share at a later stage.

Quick tips if you are jointly own a property

*Do not confuse co-ownership with co-borrowing. A co-owner is always a co-borrower while a co-borrower may not be a co-owner. Also, a co-owner must be a co-borrower to enjoy tax benefits.

*Clearly mention in the sale deed that you would like to go for arbitration in case of any future disputes. Approaching the court will only prolong matters.

*The sale deed must clearly mention the rights, responsibilities and shares of co-owners.

*In India, a wife gets half the share in any property acquired by her husband after marriage, in case the two chose to divorce. Wives do not have to become co-owners for acquiring a totally notional security cover.

*By making someone who is not working a co-owner, you will actually be increasing their burden. In case of an unfortunate event, this non-working member will be responsible for loan repayment.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1.  With the present trend between young couples who retort to Divorce, Domestic Violence, 498A, Alimony, etc....  IT IS ALWAYS advisable to purchase property in your own sole name and preferably with including joint names of Parents and children's name (even though they are minor and you can sign as natural guardian)

2.  In times of court litigation etc.... the estranged spouse CANNOT claim anything from property of parents.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If your relations with spouse are strained don’t purchase any property 

 

2) reason being even if you purchase property in your name wife can take the plea it is her matrimonial home seek injunction restraining sale of property by you 

 

3) under no circumstances should you purchase property in joint names 

Ajay Sethi
Advocate, Mumbai
100073 Answers
8172 Consultations

Wife is not entitled to any share in property in event of divorce 

 

2) she can file DV case seek injunction restraining sale of property by you on grounds that it is her matrimonial home 

 

3) you can execute will bequeathing property to your daughter 

 

4) will should be attested by 2 witnesses 

 

5) no clause can be incorporated that only you would have rights for sale of jointly owned property 

Ajay Sethi
Advocate, Mumbai
100073 Answers
8172 Consultations

If you purchase the same in joint name she will definitely have rights for the same. You can't decline her the share in the said proceeds. After divorce also she can claim the same

Prashant Nayak
Advocate, Mumbai
34738 Answers
251 Consultations

No if property is registered in your name wife has no share on divorce.

If in sale deed or a subsequent sale deed share is mentioned then in that case amount and ownership is according to percentage only.

Yes same in the case of the divorce also.

No in joint ownership one person cannot sale there can be no such clause.

See you take it in your name and make a will in favor of daughter.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

You can make a Will or gift deed to your daughter. 

That no marriage, under the Hindu Marriage Act, 1955, is considered annulled until the husband and wife get lawfully separated by filing a divorce. In such a case, if the property is in the husband’s name, the first wife cannot claim her right in the property. However, she has the right to claim maintenance for her livelihood equivalent to husband’s lifestyle, till the time she enters into second marriage.

It often happens that husband and wife purchase a property jointly, but when they are heading towards a divorce, wife holds the right to stay in the property until the divorce is approved. The husband cannot ask her to leave the house as she is the co-owner of the property. The wife can ask for the settlement of her share from the husband before or after the divorce, and the husband is liable to pay her share

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. You can include your wife as joint purchaser

2. just specify expressly in the agreement that the entire funds for purchase of property are contributed exclusively by you and your wife is added only for convenience and as a part of family arrangement

3. this will ensure that the wife cannot claim in this property in case there are disputes with you and you can then either make a gift deed of this property to your daughter or make a Will bequeathing it to your daughter

Yusuf Rampurawala
Advocate, Mumbai
7934 Answers
79 Consultations

In case of property jointly owner by you and hour wife you can just give surety about your share. 

You can write a will for transferring your share to your daughter in case of any mishap with you. 

In case of divorce if the property is registered on your name she cannot claim half your property if you provide maintenance to her on monthly basis. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can transfer your share alone to your daughter in future and cannot ask your spouse to transfer  her/his share to your daughter.

It would be advisable that you purchase the property on your name alone to avoid future conflicts and disputes in this connection when the property is purchased on joint ownership.

 

T Kalaiselvan
Advocate, Vellore
90273 Answers
2510 Consultations

The wife is not entitled to any share in the property even though it was purchased post marriage, there is no such law in India .

If the property is jointly purchased with percentage of share mentioned in the sale deed with respect of each individual's share in it then that will prevail whether the couple remain married till the end of their life or getting divorced in between. 

No such clause can be inserted in the sale deed to give full ownership to anyone in the event of divorce or on any event in the future while the property is purchased in both the names with the sale deed registered on both the names.

In the event of your unfortunate death, your share of property shall devolve equally on your own legal heirs hence it is advisable that you can bequeath your share of property to your daughter's name in a Will.

 

T Kalaiselvan
Advocate, Vellore
90273 Answers
2510 Consultations

  1. As per the information mentioned in the present query, makes it clear that you want clarity on several issues.
  2. No, she can’t claim any right in the property which are registered on your name irrespective of the fact of its been purchase prior or post marriage.
  3. Yes, it will be distributed as per the share mentioned in the agreement.
  4. But, there has been change in law as if the property was sold by the money of husband solely then wife may get only living right.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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