• Buying Property from a divorcee

A female selling a property bought by her in 2007 when she was married with a surname Jain. After some time she is being divorced and now selling that property. She is using her fathers surname Goyal. She has all the id and bank account with the surname Goyal. Can I buy that property from her. What all papers do I needed from her to verify that both the person are same, so that I wont be having problem in future. Also can she sell the property without the consent of her ex-husband.
Asked 2 years ago in Property Law
Religion: Hindu

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12 Answers

If the property is in her name then she can dispose of the property as per her wishes. Her surname changed when she was married but the name on the registered sale deed and her aadhar is all that matters.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

If the said property is her self acquired property or she is presently the single owner of the same you can buy the same. If her husband is Co-owner you will require his consent otherwise no

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Gazette notification must be change for change in name 

 

2) also it should be published in 2 local newspapers 

 

3) you can buy property from her 

 

4) her ex husband consent is not required 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

She need not have to obtain permission or consent from her ex-husband if the property registration documents is on her name alone.

However if the name appearing in the property is different to that of the name found in the identity proofs,  she may have to execute a notarized affidavit along with a newspaper publication reflecting that both the names are one and the same and she's known by both the names. 

Besides,  you may obtain a proper legal opinion from a local advocate to ascertain genuineness of the property and proceed only if recommended. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

A property in actual ownership can be freely transferable and inheritable. Check whether she is the absolute owner of the property. The first and foremost thing is to check down the title deed of that property. The property title deed is a legal document that proves ownership of the property. You should make sure through the title deed that the property is in the name of solely the seller and no one else is and he has all the rights to sell it. Examine all the documents (Encumbrance , Khata certificate etc..)that establish the identity of the seller and the verification of the property.

 

Shortcut method:

If you take a loan from a bank and submit all the documents related to property before the bank, the bank will check  whether she has absolute right to sell.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

1. consent of ex-husband is not needed

2. in the sale deed she can write both her names. for instance - 

 

Shilpa Goyal formerly known as Mrs. Shilpa Jain 

 

3. also she can make an affidavit stating that Shilpa Goyal and Shilpa Jain is one and the same person and the names differ because of the divorce

 

4. this affidavit, duly notorised before a notary public, can be annexed to the sale deed

 

5. do issue a public notice calling for objections against the intended sale, in 2 local newspapers

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

You can ask her pre and post marriage documents.

 

Like school or college leaving certificate, education certificate, marriage certificate, and post id of her like election and Aadhaar card.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Dear Querist

as she is the absolute owner of the property hence there is no requirment from any consent of her Ex-husband.

An affidavit should be executed by her that she is the same person as jain & Goyal and no other person have any right over the property.

 

you can buy that property, there is no issue.

you have to check all the chain of the property and if possible then inspect the detail of the property from the sub registrar office and get a certified copy of the same along with encumbrance certificate that there is no charge over the property.

 

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Hello, 

  1. As long as all the Ids are in her maiden name you can proceed with the purchase provided the property is registered in her sole name. 
  2. If the property is in her individual name, the ex- husband has no role whatsoever. 
  3. You can seek to verify her ids with both the names, her birth certificate/ passort and decree of divorce. 

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

Hi, you can include both name in the Sale Deed and proceed further. 

 

[2] It is better you can get a legal advice from the advocate and proceed further.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

- If the said property is in the name of that lady only , then legally she is entitled to sell the property without taking any consent of her earlier husband. 

- Further , as she has already taken divorce from her husband , then she can use other surname with her name. 

- Yes, she should execute an affidavit after mentioning that both the names are same and of only one person 

- Further , she can also publish a notice in the newspaper after mentioning that she has changed her name from Jain surname to Goyal surname. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Dear Client,


Yes, you can buy the said property from her.

 

The documents required to verify that both people are the same -

a. Divorce Decree - to justify the divorce;

b. The Marriage Registration Certificate - to verify that there was a valid marriage solemnized;

c. The Sale Deed;

d. The Mother Deed;

e. The Sale and Purchase Agreement;

f. The Building Approval Plan;

g. The Possession Letter;

h. The Khata Certificate;

I. The Allotment Letter.

 

Yes, she can sell the property without the consent of her ex-husband, since she is a Class-I legal heir of her father.

 

 

Thank you.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

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