Wife has no share in husband property during his lifetime
2) you have to file suit to set aside fraudulent sale deed executed by wife
3) seek injunction restraining sale of property by purchaser
Land bought by me sold to another by owner wife(separated)
HI, I have bought land in 2015 (march) , land was in name of seller father(having sale deed). It appeared seller(died on 2018, age 76 ) had separated wife long back and had no connection with his family. Seller had complete family & children's(now age 45-46) with his real wife. Later it seems that separated wife sold that land to another party claiming my seller as husband, this also happened in 2015 (April) after I had bought land. At that time I hadn't done mutation which is done now(2020), but also their mutation is also done in 2016 before me. Till now no one has touched land i.e no boundary walls has been erected by anyone and I plan to do boundary on that, but I suspect they would block this. Also note that land was in name of seller father(by sale deed) and my seller has written Will Before dying to transfer property to his real wife son's. Someone told me its illegal to sell land of her husband by wife's(real and unreal) while he is alive. Please guide me how can I correct my land ownership without much trouble, Also what legal procedure I can follow although I would prefer to not to file any case.
Asked 6 years ago in Property Law
Religion: Hindu
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12 Answers
If you want to demarcate and construct boundaries you can if stopped illegally you can seek police help. If not then you can also file suit for the same
Consult and engage a local prudent lawyer for better appreciation of facts, analyse, guidance and proceeding professsionally.
- As per law, during the life time of husband , wife cannot get any share in the property , whether ancestral or self acquired.
- You should file a suit for declaration for declaring the sale deed by wife null and void , and to declare yourself as a legal owner of the said property.
1. Yes, if the husband is alive then either is children nor his wife has any right, title or interest in the property.
2. Hence in this case if this separated wife sold the property at a time when your seller was still alive there is nothing to worry.
3. If the buyer form this lady obstructs in your peaceful enjoyment of the property then you can file a suit for declaration and injunction.
See your title is clear you can file a FIR against the lady and buyer for selling the 0roe0rty illegally also you can file suit for cancellation of their sale deed and can enter your possession by making a boundary wall and putting a lock to it.
1. You have not mentioned whether sale deed in your favour was executed by the man (owner) or his wife.
2. If the sale deed was executed by the owner himself in your favour then the subsequent sale deed executed by his widow is fraudulent and you should file a suit for declaration of your title and also to declare the subsequent sale deed executed by his widow as void and non est.
1. Your entire transaction is illegal & unauthorized. However you can save your transaction, by amicable settlement and execute a new Sale Deed, with joint signatures of Seller's Family members as "Consenting & Confirming parties". IF this is possible, THEN only the deal can be regularized, ELSE it will go for a very long legal litigation.
If you have a registered sale deed for the property you have purchased, you may first fence the boundaries of your property to secure the same.
There may be objections to this.
You may then file a suit for permanent injunction against the intruders to restrain them from interfering in your possession and enjoyment of the proeprty and also to declare your title based on the registered sale deed on the property.
You dont bother about what they produce before court, because it is clear that the sale deed done by his wife is not valid in the eyes of law.
So the burden to prove their case will shift on them.
If will is executed in favor of owner son. Your purchase is valid and wife had no right to sell. Her sale was void.
Go ahead with mutation and erecting wall.
Hi
You have to file suit for cancellation of alleged sale by wife, it is must. You have to seek injunction restraining from creating third party interest / alienate.
1. Yes land of husband cannot be sold by wife if husband is alive.
2. Subsequent sales deed executed by wife is not valid and you can file suit to set aside subsequent sales deed and claim permanent injunction against buyer who purchased land after you.
