• Husband share in wife property

My wife who is a working woman, in service in a mutinational company, bought a flat in kolkata in 2014 in her single name only with her own money and bank loan singly in her name. My name is not there in the registered title deed or as a bank loan co-applicant or guarantor. Do i have any legal right to ownership of the property ? Can i be termed as a owner of that particular property ?
Asked 10 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu
no, you can not.
she is the absolute owner of her property
Nadeem Qureshi
Advocate, New Delhi
4184 Answers
169 Consultations

4.9 on 5.0

Hello,
1) No, you do not have any legal right in the property or ownership of any sort as she has purchased it and got it registered in her name alone.

2) You can not be termed an owner in any case as a result of the property being solely hers.Unless she transfers the right to you by a registered document such as a Gift Deed you do not acquire any right in the said property.

3) In case she dies without leaving a Will behind, you will inherit an equal share in the property along with your children if any and her mother if she is alive then.
S J Mathew
Advocate, Mumbai
2038 Answers
86 Consultations

5.0 on 5.0

You have no ownership rights on flat bought by your wife out of her own funds 
Ajay Sethi
Advocate, Mumbai
31193 Answers
1713 Consultations

5.0 on 5.0

Hello!

As you said, it was her own money with which she bought the flat; that she bought it in her on name (singly), and the entire loan liability is also borne by her solely. Neither your  name is there in the registered title deed, nor in any bank loan document.

To me this appears to be a clear case of self-acquired property by your wife. She acquired it with her own money.  So she is the exclusive owner of it, and can deal with it in any manner (of course, legally) she likes.  Section 14 of Hindu Succession Act, 1956 says that any property possessed by a female Hindu, whether acquired before or after the commencement of the said Act, shall be held by her as full owner thereof and not as a limited owner.

You, though her husband, do not have any ownership rights in her exclusive self-acquired property.

If a female Hindu dies intestate (that means without making a will of her properties), then under section 15 of Hindu Succession Act 1956, the property of such a female Hindu shall devolve firstly upon the sons and daughters (including the children of any pre-deceased son or daughter) and husband. [There are other detailed provisions also relating other kinds of legal heirs.  But this much would suffice for you as a husband to know]

Hope this satisfies.
Nahush Khubalkar
Advocate, Nagpur
56 Answers
10 Consultations

5.0 on 5.0

You have no right as your wife is the absolute owner of the property.  You require the permission of your wife to even enter the property
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

1. No. She is the sole owner of the property bought by her in her own name,

2. You have no right, title or interest in the said property during her life time.

3. You are not the co-owner of the said property for which your wife is the sole owner.
Krishna Kishore Ganguly
Advocate, Kolkata
14455 Answers
328 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