Father's partition property sale
My parents property is shared among siblings and self via a partition deed. Can I sell my property without my wife consent or her signature as we are in between a divorce case. Am based out of karnataka.
Asked in Property Law from United Arab Emirates
1) you don't need your wife consent to sell your property
2) you are absolute owner of your property and free to dispose it as you please
Hi, as per law wife has no right to claim share in the Husband property she is entitled for only maintenance so you can sell the property to anybody and consent of your wife is not required.
Your wife does not have a share in the property which you received through a partition deed. So you are free to sell it without the consent of your wife.
1.Your wife has no right on your property during your lifetime,
2. So, you can sell your said property with out the consent or knowledge of your wife.
This is your ancestral property devolved to you through family settlement deed. You have absolute right in the property and according to personal law wife has no right in husband's ancestral property except maintenance. she can claim maintenance out of the income of property in the ownership of husband.
A bill is still pending in rajya sabha for entitlement of the wife in husband's ancestral property.
You have inherited your share of property vide a partition deed. This share of property becomes your own property and only you have full rights in the property and nobody including your wife has any right or interest in the said property during your life time and she can claim a right only when you die intestate. Therefore there is no necessity to seek her permission or consent to sell the property.