• 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.

Thanks
Laksh
Asked 10 months ago in Property Law from United Arab Emirates
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
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.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
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. 
Ashish Davessar
Advocate, Jaipur
18255 Answers
450 Consultations
5.0 on 5.0
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. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
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. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
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.  
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0

Ask a Lawyer

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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18255 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0