• Property in joint name of H & F. EMI paid by only H.

I have purchased two house property in joint name with my wife. EMI has been paid thought deduction from my salary as my wife has no earning. I want to give the property to my son & daughter through a written will. After my death how my son & daughter will get possession and ownership of the property because the property's live owner will be my wife and without her signature how will it be possible?

Alternatively, is there any legal way where i can remove name of my wife from the registry of the property?
Asked 2 months ago in Property Law from Bhopal, Madhya Pradesh
Religion: Hindu
1) your wife can execute gift deed or relinquishment deed for her share of property in your  name 

2) once gift deed or relinquishment deed is done you woukd be absolute owner of property 

3) you can bequeath the property by will to your  son and daughter 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1) after divorce file declaratory suit that you are absolute owner of property as full consideration has been paid by you 

2) enclose documentary evidence of payment made by you to builder 

3) if court passes order in yiur favour you woukd be absolute owner and can bequeath flat to your son and daughter 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
This property was bought on the joint names of you and your wife. 
The property thus shall be jointly owned by both you and your wife.
Your wife has an equal share in the property.
You Can bequeath your undivided share of property in favor of your children.
You cannot bequeath the entire property because your wife owns 50% share in the property
If your wife transfers her share in  the property by way of a registered gift deed or registered sale deed in your favor, you can become the absolute owner of the property.
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
Wife is not ready for gift deed or relinquishment deed in my favor. She has deserted me since April 2016. In coming days my may file case for maintenance after that i may file divorce case. But till date there is no  development. 
After my death, despite of my written will, how my son and daughter will get ownership/possession of property because my wife will not sign any documents.


Without your wife's consent or willingness to transfer her share in the property to your name, you cannot become an absolute owner of the entire property.
As said earlier, you can bequeath only your share in the property in your children favor.
Legally you cannot do anything beyond this.
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
1. You can will only your share in the property. You can create life estate in respect of your share in favour of your wife and thereafter pave way for succession to it by your children. Get a flawless will drafted by a lawyer. 

2. Your wife's share will remain intact unless she executes the release deed.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 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
13932 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0