• Sale of property

Hi i have a freehold flat in delhi registered in my name and my wife's name.so legally both of us are the owner. However while buying the property i paid 100% amount , my question is as follows

1. What if i want to sale the property due to any reason or want to take back the money for some other purpose , but my wife objects that sale.can i sale it ?

2. What if in future my wife claims divorse ? Do i have to sale it and give here 50%? If i do not sale it who will be the owner of that property ?note my wife is a working woman

3. What if i file a divorse , do i have to sale it and give 50% to my wife ? If i do not sale who will be the owner of that property, note my wife is working woman
Asked 3 months ago in Property Law from Qatar
Religion: Hindu
1. You can sell only your share if your wife objects to the sale of the entire property.

2. Under the present Indian law a wife has no share in the properties of her husband, so in the event of divorce she cannot as a matter of right claims your properties.

3. Even if you file for divorce you do not have to give your share to her. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Dear Concerned ,

a. No , you can not sell the property without the permission of your wife. or at least till the time there is a pertition deed of the flat....

b. Yes your wife remains the 50% owner of the flat and once sold she can claim her share in the sale proceeds. 

c. What ever the case may be the Divorce proceeding does not affect the ownership of a property , you need to either pay money to her and buy back the share or get it transferred on your name, or take a relinquishment deed in your favor. - else your wife has all right to her 50% share


Best of luck
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
1. No, you can not sell the property without her consent legally.

2. You have to pay her share, she is working or not it is immaterial.

3.  As above,  both of you will be the owner of the property

Feel Free to calk
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) since your wife is the co owner of flat you would need her consent to sell the flat 

2) in case wife claims divorce she can claim 50 per cent share in the flat 

3) if you file for divorce wife will continue to be co owner of the property

4) you will have to file declaratory suit that you are the absolute owner of flat as full consideration has been paid by you 

Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
1) if you apprehend any problems in your relationship better sell the flat now with her consent . 

2) in alternative wife can execute git deed in your favour . it should be duly stamped and regd 
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
1. Since said flat jointly is purchased and the registered in the names you and your wife jointly, you can't  sell the flat alone. Your wife consent is must for disposing the flat . You have to obtain a special o r general power of attorney from your wife's to that effect.

2. In case your wife claiming divorce, the flat will be as it is in jointly you and your wife. Yes she can claim 50% share in sale proceedings of the flat. Your wife's income does not matter since the flat is registered jointly. The working and earning will be matter of maintenance.

3. Same theory will be applicable if you applied for divorce vis-a-versa.

Lakshmi Kanth
Advocate, Hyderabad
224 Answers
2 Consultations
4.8 on 5.0
1. In case the co-owner of the jointly held flat being your wife disagrees to sell the flat, you won't be able to sell it,

2. In case of divorce and/or while being tn the matrimonial relationship, the flat belongs to both of you and you can decide amongst yourself if any of you want to sell of his/her share to the other co-owner. As per law, both will stand as the joint owner of the flat,

3. As clarified in my earlier post, divorce and joint ownership of flat are not interrelated but separate. You shall have to decide amongst yourself about how both of you shall divide the said jointly owned property or its sale proceeds, if any. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
the matter of concern in your case is who is the real owner of the property? if your wife had no source of income at the time when property was purchased then she shall be treated as an ostensible owner and she cannot claim share in the property merely on the ground of joint ownership.
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Normally in such case, either the wife or the husband relinquished her/his share of the flat by taking money in return from the other co-owner. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. In worst case, you shall have to file a partition suit for dividing the flat equally and by demarcating it by metes and bounds,


2. You can sell of your share of the demarcated portion of the flat to a third party.  
 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
the same procedure will apply in divorce case. an ostensible owner cannot claim share in the property. hence she cannot claim half share in the property. currently wife has no right to claim share in husband's property at the time of divorce. 
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0

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