• Property purchased in Joint name with Wife

I've purchased two properties in joint name of my wife. Now my wife is not staying with me on her own will and is demanding me both the properties. I have paid the entire amount from my earning for both the properties and for one property I'm still paying the EMI's.  I am in need of very urgent money as i want to set up small business and want to sell one property which is not in use lying empty but she is not letting to happen.  Please advise.
Asked 7 months ago in Property Law from Saudi Arabia
Religion: Muslim
1) since property had been purchased in joint names your wife is co owner 

2) under section 44 of transfer of property act co owner can sell his share without consent of other co owners 

3) you can file declaratory suit that you are absolute owner of property as full consideration has been paid by you 
Ajay Sethi
Advocate, Mumbai
31142 Answers
1707 Consultations

5.0 on 5.0

1. As per law, she is the joint owner of the said two properties for which you can not sell any one of them without her consent.

2. For selling the said properties without her consent, you shall have to have the court order declaring that you are the sole owner of the said properties.

3. File a declaratory suit praying for a declaration that you ar actually the sole owner of both the properties since you have paid the consideration for both of the said properties which you bought jointly out of love and affection in the joint names with your wife and also praying for a direction upon the Registrar to effect registration in your name only deleting your wife's name.

4. With the Court declaration you can become the sole owner of the said properties and deal with your said properties any way you like to without having to take any consent from your wife.
Krishna Kishore Ganguly
Advocate, Kolkata
14451 Answers
328 Consultations

5.0 on 5.0

1. Your wife is joint owner of the said houses which you have purchased in joint names of your wife.
2. The fact that you had paid the entire money has no consideration in this.
3. So you can not become its sole owner unless your buy back the half share of your wife or she gifts her half sahre to you.
4.If you get a willing buyer then you can sell your undivided share in the property to the buyer . That apart there is no other option.
Devajyoti Barman
Advocate, Kolkata
8176 Answers
98 Consultations

4.9 on 5.0

The properties have been registered in both the names hence it is a jointly owned property.

Legally she has rights over it to the extent equal to yours.

You can issue legal notice to her asking her to either buy your share or agree to sell the property jointly or for a amicable partition to enable you to sell your share of property in it.

If she is not cooperating or responding properly then you may aproach court with a suit for partition and separate possession. .
T Kalaiselvan
Advocate, Vellore
21295 Answers
208 Consultations

5.0 on 5.0

Since the properties are registered jointly with your wife she is a joint owner with 50% ownership. It, therefore, follows that her consent is quintessential to sell the property in entirety. You are, however, free to sell your share in the property. 
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

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