• How to protect property from any marital disputes involving seller

1. I am planning to buy a property [specifically a flat in an apartment] from a man (Hindu male). The property is registered in his and his mother's name.

2. After they bought the property the son (male property owner) got married. Unfortunately he got divorced after that.

3. The property is still registered under the same two owners (son and mother).

4. Are there any precautions I need to take while buying this property, to save myself from any property rights claimed by seller's spouse?

5. What kind of clauses I should include in the Sale Agreement and Sale Deed to avoid any problems because of divorced status?

6. Even after taking all these precautions, will it still be possible for me to get in trouble because of buying this property?
Asked 6 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

Spouse has no share in property standing in her husband name 

 

2) she would not inherit any property even after demise of her ex husband 

 

3) there can be indemnity clause in sale deed wherein seller indemnifies you in case any claims are made by third party 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

1. See wife in India has jo right in property though check if seller is having possession or not. If possession is with wife she can create hurdles otherwise there is no issue.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you need to check whether there she no other legal heirs and their claims. Check about the wife of the man claiming any rights. Take a indemnity bond from both mother and son for the said property

Prashant Nayak
Advocate, Mumbai
34576 Answers
249 Consultations

1. Conduct flawless due diligence through a lawyer to ensure that title is free and marketable.

2. Since the property is under co-ownership of mother and son the sale deed has to be executed by both in yotur favour. Alternatively, either can execute the sale deed if he/she is made the agent of other through a registered GPA.

3. Nobody can pass a title better than his own title.

4. If your due diligence is robust then you cannot get in trouble.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

No issues. Divorce wife has no claim in husband property. Also get declaration from seller that no stay from court to alienate property.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

You carry out due diligence of title flow of the property.

4) you can add indemnity clause i.e., to indemnify you against any third party claims against the property.

Wife has not right, title in the Husband's property.  Further, divorced wife cannot claim property of husband.

Further, you may release news paper notification in local area in vernacular language and also on in English calling for objection if any with regard to purchase of property by you.

Thereafter you can proceed with the transaction.

 

 

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. IF the Divorce is final and no alimony amount is payable under the Divorce Decree, THEN it is safe to purchase such property. Check the Divorce Decree.

2. You would need to take a "irrevocable indemnity bond" from BOTH the sellers, to indemnify you against any type of losses and any futuristic litigation resulting from their internal dispute.

3. Ensure that you execute a properly paid Stamp Duty and Registered "Sale Deed" by both seller's signature and take immediate possession with all original documents of earlier purchase Deed.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear sir/madam,

Better get execute release deed by son in favor of mother and take sale deed from mother to avoid future consequences. Wife has no share except a right to claim alimony on the sources of her husband . 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

First of all refer all the documents related to the proeprty to a local advocate who is expert in this field, get his opinion before concluding this deal.

As far as the title is concerned, the mother and son are the joint owners hence they both have to execute a registered sale deed jointly in favor of the buyer.

 His wife whether divorced or still a legally wedded, do not have any rights to claim any share in the property hence you need not be worried about her claim in future, no such claim is maintainable in law.

Therefore there is no precaution that can be taken on this count.

 

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

divorced wife has no share in husband property. 

you can mention indemnity clause in Sale Agreement indemnifies any legal dispute / legal defect in the property, the seller will compensate the buyer for any loss incurred by the buyer at the then prevailing market rate.

 

Mohammed Mujeeb
Advocate, Hyderabad
19338 Answers
32 Consultations

No need to take any precautions if both mother and son is signing the sales deed in your favour.

No dispute can arise due to divorce status of that person as seller wife have cannot claim share from his properties.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that the property are still in the name of the person owner and his mother’s name.
  2. There is nothing like that you can include in the sale deed to restrain anyone third person who might have got some right in the property as per law or from the court order.
  3. As in that case, law or court order would prevail over the clause in the sale deed.
  4. But, yes if the property is in the name of the present person and his mother then you need not to worry as you have inquired much in it and still can go to the registrar’s office to verify the title.
  5. As if wife wants to claim any right later in future then she can only claim money from their husband as the property would have already come to you and she can’t force you to go out as you will be buying it legally.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer