Please go back to the same court and seek for a order recall and clarity in the said order more aptly, not need to do any fresh case
Authority to sell my house
Hello I'm Bindu. Recently I got divorced. I had filed 2 petitions. One for divorce and another one was partition suit. We got divorced through court mediation. And as settlement and alimony I got the house I'm presently living in which was originally in my name only. And my ex husband has been told to move within 3 months from the date of decree. The date of decree was 3rd January 2020. I have no income as of now. Previously I was the dormant partner of the civil consultancy which he runs. So to generate income (we have 2 grown up daughters aged 23 & 17 n they're staying with me) I have to sell the house but another house/flat and from the remaining money I get I need to generate income. I had finalized a deal with one CA. Everything was fine as his father-in-law was also a senior civil advocate. But in the end they told me that I have to get the consenting witness signature of my ex husband as he still has possession on the house though the court order clearly mentions that I am the owner and he can't interfer on how I exercise my rights on it. Please clarify the issue of consenting witness signature
Asked 6 years ago in Family Law
Religion: Hindu
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17 Answers
In continuation to my first question I want to know if I need my ex husband to sign as a consenting witness. Some are suggesting that I wait for him to vacate ie., till April 3rd. And does he have a chance to appeal to extend the stay citing that he was not able to find a house to move in. The buyer said his lawyer told him so. So he wanted either my ex husband to vacate or give them vacant possession for the deal to be done and registration is done. And he wasn't ready to give me any advance too. I need the deal to be done as I have booked a flat and have already paid an advance. Failure to pay the remaining amount will result in cancellation of the agreement and I'll loose my advance money. Please help.
Asked 6 years ago
The court order says clearly that the house is allocated to me as a settlement and alimony and he can't interfer on how I exercise my rights. Still people are saying that since he is in occupation of the house and had 3 months time till April 3rd to vacate his consenting witness signature is required if the registration happens before that. I told that buyer in that case we'll enter into a sale agreement and he can pay me an advance and we'll get the registration done after he vacates. But he wasn't ready. Yet one more person who wants to buy also said the same thing
Asked 6 years ago
Go back to the same court seek for order recall and seek clarity and to add police help with directions upon police
As per court orders you are absolute owner of the house
2) your husband has been granted time of 3 months to vacate the house
3) the purchasers are seeking your husband signature in sale deed to avoid your husband making any claims later
Husband has period of 3 months to file appeal against decree
2) hence it is in your interest to wait till April and then sell the house
3) your husband consent would not be necessary after April as decree passed by trial court has become final and binding
You can seek extension of time for making balance payment for flat purchased by you
you can request your ex husband to vacate house at an earlier date so that you don’t have any legal issues when you sell the house
you would not get any advance payment under agreement for sale as all buyers would be apprehensive about your ex husband whether he will vacate premises or not
1. You can ask your husband to sign the agreement, if he refuses, you should wait till 3 april
2. Your earliness may reduce the price of the property
See house is originally in your name and further court order is there so as such no signature from husband is required though he is still having possession so to avoid dispute the seller may insist either peaceful possession or his signature. So in case husband transfers possession to you no signature as such required.
See in this case you have to talk to your husband and ask him to move out as part of settlement buyer for his safety is not wrong on his part.
See possession can lead to civil litigation that is why the buyer shall not take any risk in the case.
By virtue of the court's decree dated 3.01..2020 you are the owner of the house, and that, your husband has to vacate and handover the house to you according to decree. However, he can appeal against the decree, as such, you need to wait till expiry of the time granted by the court to him to vacate and proceed with your transaction.
Upon expiry of time granted by court to your husband, his consent signature is not necessary. Thus, you have to wait till expiry of time granted by court.
No if the house is allocated to you no need of his signature as consenting witness
Your lawyer is right in his opinion that your ex-husband has to sign as a consenting witness because the property has to be registered in your name either by him or through the court, if not done by this mode then your husband has to sign as a consenting witness to the further sale transaction that may be initiated by you in this connection..
The law has no answer to your anxiety.
There was no compulsion on you to book the flat in haste, now who is the sufferer.
The court has given him time to vacate, if he is not vacating at the end of the stipulated time then you may file a contempt of court proceedings agaisnt him besides taking the court direction for police assistance to evict him forcibly through court bailiff.
The buyer will certainly insist on vacant possession because it is a matrimonial dispute and anything can happen till the end, i.e., he may even go for an appeal against this order and obtain a stay order for this transfer, then the buyer will be in a trouble after paying the sale consideration amount to you without getting possession of property.
As I mentioned in the earlier post that your urgency has no answer in law.
You have been informed by plenty of people around you about the procedures to be adopted in this regard for a safe journey, whereas you are getting frustrated over the developments without any valid reason.
You waited till this time, hence you may afford to wait for some more time to get your object achieved.
Don`t get involved with CA and lawyers. Payment may become harder. Firstly, register sale deed only after full payment.
Husband consent/witness not require. You are absolute owner. They are trying over safe.
Since it was mutual consent decree, no appeal maintainable but he can request court for extension. He has right to stay for 3 months.
You become hasty in finalizing deal. At least should have waited for 3 months. Husband cannot be force to vacate before that.
His witness they asking to secure property vacated.
Once your ex husband vacate you can sell, you don't need husband consent or signature .
1. You don't need signature of husband as consenting witness as the rights of property are given to you by court but yes you cannot ask your husband to vacate the house till completion of 3 months due to court order.
2. Your husband cannot take extention as it was mutual consent divorce and he agreed for terms and conditions.
3. Before completion of 3 months his signatures are required because of confirmation that he will vacate the house after registration of sales deed in favour of buyer.
