Property in the joint name of my wife
I've a property as a co-owner with my wife. I need to sell off the property but my wife do not. Is it possible according to law that I can sell off my share only. If yes, than I would want to know the procedure..
Asked in Property Law from Mumbai, Maharashtra
file suit for partition if your wife is not willing to sell the flat .
you can sell it only after partition of the property
Advocate, New Delhi
1 You can sell your undivided interest on the property even now for which no decree of partition is required.
2. However since your share is not partitioned, the buyers would be sparse to purchase your undivided share.
3. There is no legal impediment to sell one's undivided interest ina non-partitioned property.
1. You may sell your share in the property at any time without the consent of your wife, unless of course there is a stay order passed by a court of law which prevents you from selling it without the consent of your wife.
2. Your wife may not agree to allow the prospective buyer to enter inside the property, in which event the buyer will have to move to court for necessary reliefs.