• Buying a overseas property

Hi,
I am married under Hindu marriage act. My wife never stayed in Netherlands and does not want to move there in near future. I am planning to buy a house in the Netherlands in own name. Trying to get bank mortgage in Netherlands.
 Can I buy a property like this ? Do I need to take any additional consent from my wife? What are legal rights does my wife have on this property ?

Please advice
Asked 2 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

Yes, you can purchase property, and for purchasing property, consent of wife is not required. However, as per law, under specific circumstances your wife is entitled to an equal share of property purchased after marriage, but in your case this principle does not apply for reasons.  

Siddharth Srivastava
Advocate, Delhi
1551 Answers

you are intending to purchase a house property out of your own funds, hence there is no necessity to obtain consent or permission from anyone including your wife. 

You can freely proceed as per your proposal 

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

If you are going to purchase a property in the Netherlands out of your own financial means, your wife's consent is not at all necessary. She cannot have any claim on it legally.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Your wife has no share in property 

 

you can purchase the property 

 

you don’t require her consent but wife can claim right to stay in said property 

Ajay Sethi
Advocate, Mumbai
99812 Answers
8147 Consultations

In the Netherlands, the marital property regime is usually governed by the principle of 'separation of property' unless the spouses have chosen a different regime. Under this regime, each spouse retains ownership of their own property and is responsible for their own debts.

 

If you are purchasing a house in the Netherlands in your own name, it would typically be considered your individual property. However, since you are married, your wife may still have certain legal rights, which can vary depending on the specific circumstances and the laws of the jurisdiction.

 

In some cases, even if the property is owned solely by one spouse, the other spouse may have some rights to the property. These rights may include:

 

Right to live in the matrimonial home: In some jurisdictions, the non-owning spouse may have the right to reside in the matrimonial home, regardless of ownership.

 

Right to a share of the property: Depending on the laws and regulations in your jurisdiction, your wife may have a claim to a portion of the property's value, especially if it is considered matrimonial property or if she has made financial contributions towards the purchase or maintenance of the property.

 

Financial claims: In the event of a divorce or separation, your wife may have financial claims or entitlements, which can include a share of the property, alimony, or other support.

 

 

Anik Miu
Advocate, Bangalore
11019 Answers
125 Consultations

You don’t need any consent for you but if any child then yes

Prashant Nayak
Advocate, Mumbai
34540 Answers
249 Consultations

- As per Indian Law, under the Hindu marriage Act, you will cannot claim any share in your property during your life time , except she is having residential right from  you. 

- Hence, if you will purchase the property in Netherland , then in case of mis-happening she will not claim a share in that property ,however as per the law of that country she has equal right 

- No, consent is needed . 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

No right neither she has any claim in the property.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Ask a Lawyer

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