• Payment to multiple parties in agreement to sell

Dear Experts
Greetings!
I have transferred payments to both husband and wife's account as advance whereas the agreement to sell is with wife. Can I show payments made to both husband and wife in our agreement to sell or is it something against the law? Or Payment transferred only to wife's account will be considered? Will payment to both of them make the agreement null and void. The said property in in wife's name only.

Thanks in Advance
Ajay
Asked 6 months ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

You can make payment schedule whom do you have made it mentioning relationship of wife with husband and make payment schedule allay to husband as well.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

The share holding in the property is important to make the payment to avoid any future dispute.

You need to get the shareholdings narrated in agreement to sell to get the agree on shares and pay accordingly.

Please remember to register the agreement and the stamp paid for registration will be adjusted with the amount of stamps paid at the agreement registration.

Vimlesh Prasad Mishra
Advocate, Lucknow
6633 Answers
23 Consultations

4.9 on 5.0

If property is in wife name all payments should be made to her account only 

 

ask husband to return money paid  to him 

Ajay Sethi
Advocate, Mumbai
76981 Answers
4621 Consultations

5.0 on 5.0

Hi,

If agreement to sale has been done by wife, then it's better to send money in bank account of wife. However, if wife has joint bank account with her husband; money transferred in joint account will be fully legal and valid.

Ganesh Singh
Advocate, NEW DELHI
5435 Answers
10 Consultations

4.5 on 5.0

Agreement to sale needs to be seen before giving proper advise

Anand Shukla
Advocate, New Delhi
613 Answers
13 Consultations

4.9 on 5.0

No. Payment made to both of them is not illegal. 

Mayank Sapre
Advocate, New Delhi
253 Answers

5.0 on 5.0

- Even the property is in the name of wife only , the payments received by her husband will also be treated as received by her. 

- Hence, In case of breach of agreement, you have right to recover the amount of advance payment received by her husband , including the amount mentioned in the agreement to sell with wife only. 

- As per law, Debt taken by either spouse , after the marriage , is automatically a shared debt. 

- Hence, you can show payments made to both husband and wife in your agreement to sell legally. 

Mohammed Shahzad
Advocate, Delhi
4180 Answers
43 Consultations

5.0 on 5.0

If the property is on the wife's name and she is the absolute owner with clear and marketable title to the property then the sale agreement should have been entered with her alone.

In a dispute in future between the husband and wife, if the wife states that the payment made towards part of sale consideration to the husband is not binding on her and yo are required to pay the balance sale consideration amount to her, then you do not have any option than to make payment again.

Hence yo may better obtain a loan agreement with the husband for the money paid to him and arrange for  payment of sale consideration amount to the owner of the proeprty before the sale deed is registered to avoid future disputes or conflicts or litigation.

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

Dear Queriat, 

If you have made the payments to accounts  of people no matter who they are on the understanding and in discharge of liability of yours. Then it will be considered as the amount transferred in a same transaction. therefore, payment made to both the accounts will be considered as valid payment. 

 

You can contact me for consultation. If any. 

 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

DELHI HIGH COURT

Yuganshu Sharma
Advocate, New Delhi
367 Answers
1 Consultation

5.0 on 5.0

If she is absolute owner and agreement to sell with wife then you have to transfer payment in wife account only. 

Mohammed Mujeeb
Advocate, Hyderabad
17332 Answers
11 Consultations

4.5 on 5.0

1. Yes you can show advance paid to both husband and wife in agreement to sell.

2. Payment transferred to both will be considered as advance and advance paid to both will not make agreement null and void. 

Mohit Kapoor
Advocate, Rohtak
9322 Answers
3 Consultations

5.0 on 5.0

Total amount will  consider in wife accout. Doesn't matter in whose account you have transferred.

Agreement is valid. You are making payment in 2 accounts on their demand. Just get this in written from her to deposit amount in 2 accounts.

 

Yogendra Singh Rajawat
Advocate, Jaipur
20144 Answers
28 Consultations

4.5 on 5.0

If the property under consideration is in W's name, all dealings should be done with her, however, if the money paid to her Husband on her request, let it be acknowledged by her stating that, the same is in connection with the AOS.

Further, if acknowledgment by Wife is not received, you can insist her Husband to return the same.

S Srinivasa Prasad
Advocate, Hyderabad
2505 Answers
8 Consultations

5.0 on 5.0

See legally if the wife is owner you should have transferred the complete amount in wife's account only , you should show the complete payment made to both in the agreement and make agreement to sale.

Shubham Jhajharia
Advocate, Ahmedabad
25206 Answers
105 Consultations

5.0 on 5.0

You can but you should have also mentioned this in that agreement too

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

Ask a Lawyer

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