• Property case

Without the knowledge, the husband has sold the property of his wife by transferring it to his name what do in Indian law say?
can we fight for this?
Asked 2 years ago in Property Law
Religion: Muslim

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9 Answers

How was transfer done by husband of property standing in wife name ?

 

2) for registered sale deed or gift deed wife has to appear before sub registrar 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

Since husband donot own the property so he cannot sell the property of his wife. Wife should file the complaint of cheating, misappropriation etc with local police against husband and purchaser/ Buyer and thereafter, should file suit for declaration, permanent and mandatory injunction and possession and damages seeking sale null and void and seeking possession of property. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

This is fraud in india you can challenge the transfer and also file cheating case

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

Please provide full details. Was the property owned by the wife? How can the husband transfer it without her knowledge? Who signed the sale deed?

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

If the property is on the wife's name then it is an illegal act.

Besides lodging a criminal complaint with the police she has to file a suit to cancel the sale deed and for possession if the possession is not with her. 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

Your question is not clear. Anyways, based on your statement //sold the property of his wife by transferring it to his name// , I assume that the property was first transferred onto husband's name or he obtained a GPA cum Sale agreement from the wife and then sold away the property. In such a case, wife cannot claim a right again after she transferred the property. It becomes a hopeless case in a civil litigation.

Wife can, however file a Criminal Case for cheating etc., and additionally a DVC case to seek appropriate remedy for the loss.

Srikanth Chintala
Advocate, Hyderabad
30 Answers

Yes, can file FIR of forgery. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

- As per law,  A husband cannot inherit any share in the property of his wife during her life time, and further a husband also has no right over the gift /jewellery/share benefits, which a wife received at the time of her marriage.

- Hence, the husband cannot sold the property which is in name of wife without getting her consent in written. 

- Since, he has transferred the property in his name , then it amounts to cheating and breach of trust and hence the wife can lodge an FIR against him for the said offence. 

- Further , the wife can file a suit for declaring the sale as null and void and to become a legal owner of the said property. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

The Indian law on the sale of property by a husband without the knowledge of his wife is complex and depends on a number of factors, including the type of property, how it was acquired, and the marital status of the couple.

In general, a husband can sell his self-acquired property without the consent of his wife. This means that if the property was bought by the husband with his own money, he is free to sell it as he sees fit. Yes you can file a suit.

 

Anik Miu
Advocate, Bangalore
11015 Answers
125 Consultations

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