Can wife take objection while selling property in pending divorce
I am having residential property in Mumbai. I had filed divorce petition in family court results of which is pending. My question is I want to sell my residential property as i cant bear burden of emi any more. So Can I sell property in this case. Can my wife take objection against the sale if done as divorce case is still pending. I have a 10 yr old son and both parents alive. So in this case can my wife take objection on sale. Also if I keep this property what percentage of share will my wife, mother, father,and son will have. And what percentage of share I need to give after divorce
Asked in Property Law from Greater Mumbai, Maharashtra
1) yiu are absolute owner of property and free ti dispose it
2) your parents , wife and children have no share in property during your lifetime
3) wife only can claim right to stay in her matrimonial home and seek stay restraining you from selling the property
It is not clear who is the actual owner of the proeprty.if it is in your sole name , a self acquired proeprty then your wife can not raise objection to it as wife has no share in it.
However in a proceeding under PWDV Act proceeding the court can put restraint on sale of husband's proeprty but you sell it discreetly then I find no problem in it.
The present law prevailing in India does not give any share to the wife in the property of her husband. She has no share in the property but if the property in question is her matrimonial house then she can seek injunction against you to restrain you from selling it so that her right to residence in it is not defeated. If no such injunction has been ordered by the court you are free to sell it.
if you are the absolute owner of that property then nobody can restrain you to sell the property as per your wish.
there is no law in India by which she can claim any share in that property, only she can claim a right to residence in matrimonial home or where you are residing if she file any domestic violence case against you and your family before the magistrate under section 19 of Protection of Women from Domestic Violence Act-2005
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Advocate, New Delhi
1. Wife has no right title or interest on her husband's property as per Indian Law.
2. So, wife will have no say if you wish to sell he property standing solely in your name.
3. In USA husband is required to give 50% share of his property acquired after his marriage to the divorced wife but in India, wife will have no share on her husband's property after divorce.
If it is your self acquired property then you can go ahead to sell the property as per your will and wish.
There is no need to take consent to sell this property from your parents or your wife or anyone.
Your wife has no rights in the property and hence she cannot object or her objections can be ignored.
Even your parents cannot object you to sell this property.