Can a wife sale husband's property

ha ha what a reply by Jaswant.

The clear answer is NO.


However, tell yourself how she can sell a car registered in her husband's name and how she will manage transfer of sale? Who says that property belonging to husband a wife can sell when he is abroad under a separation of spouse situations? Tomorrow husband will also come up with logics that wife's stridhan is their property also and since wife not at home for meeting family emergency I am selling them.


Sensible thing to do here is to financially support your sister meanwhile till her husband comes back from abroad or tell her to call her husband office and or her husband himself and ask when he is coming back or ask for fund transfer to support her / child from abroad whose rights as wife and natural mother she has.

Legal thing that she can do is to file for maintenance and get ex party Orders and execute them via Court and thus the husband's car if registration papers shows his name could be sold via the Court process and not by her own initiatives is right legal way out if she does not know when and if he comes back to clarify ‘separation’ allegations in this query.

No, she cannot sell away the car. In fact, she should always adopt what is called due process of law. If she is facing paucity of fund for maintaining herself, she should file an application as provided under Section 125 of the Criminal Procedure Code seeking relief for maintenance. 

One can understand the agony of a wife, who is left in a lurch. And that too during this time where the Index is always high.

If your sister and her husband are seperated and if through CrPc 125 or through a case of domestic violence and through an order of the court he is paying maintanece than your sister cannot sell the husbands property for any additional needs but can approach the court for a revision . On seconds thoughts if she is a earning member and drawing sufficiently to maintain herself than she want be awarded any maintanence but if she has a child for the child she can claim for maintanence .

Dear Mr Ashish

You may be thinking right but not supported by other experts. All the persons think in only one way that a wife can not transfer property of husband.

Please explain your idea in detail so that we can take advantage to learn new things.

However I support your idea on principal of necessitas legem non habet, “necessity has no law,” or “necessity does not recognise any law”

I think you alredy know a maxim 'necessite fait loi'  which means 'necessity creates its own law'.

As we learnt from you, when there is no option left the illicit becomes licit.  (Sipropter necessitatem aliquid fit, illud licite fit.: quia quad non est licitum in lege, necessitas facitlicitum. Item necessitas legem non habet [If something is done out of necessity, it is done licitly, since what is not licit in law necessity makes licit. Likewise necessity has no law]). 

You can enlighten us more as you practice in Sureme Court and have a superior level knowledge.

I found tha same thing so many times in IPC in chapter of generel exeptions. I think you also will find.

I would like to ask the experts again that why a wife can not sell his husbands Car in shown circumstances? Is it any offence? is it theft? is it cheating? is it criminal breach of trust? is it criminal misappropriation of property?

I will like to learn more from all of you.

www.bar2bench.com

@  Sh. Agrawal,

You asked right question but twisted it to sound like generic when the question is of present terms under family Laws is my opening warm-up reply to you as one of the replier to this thread and probably you wanted my answer too on your logics if I read correctly above last line !

Here they are;

1. She can sell via Court Order only.
Reasoning:
She says it is her car but papers are on name of Husband. Ask yourself, will you buy from her this car when the Registration is on another person’s name? If you can then she can jolly well sell the car tonight and no Court order is even necessary leave aside her present pressing necessities or husband - wife subsisting relationship.

2. She is property of her husband. Husband is her guardian and she cannot lien his properties without him giving her a PoA with clear sentence such as "Market, sell and convey the Property, and to sign all documents necessary to effect the same on behalf of (husband)."
Reasoning:
Then she don't need his consent anymore.

3. Here the technicalities is struck on Registration papers of the car first which shows husband’s name how you propose to solve that in present terms kindly educate us this that also without a Court Order.

Now for a moment leave aside SC practice comment and Latin maxims (though I would also love to hear ld. brother Ashish reply sometime from now) and forget this query's mentioned Car (property), let us go to Jointly owned Flat by a couple as illustration (as say another property in question under family law).


Say both jointly paid from their savings and made it jointly registered on respective names. OR even take the flip view that the flat was only paid by one spouse but registered by another spouse. Husband right now is in USA. Wife has bigger than Ganges emergency today night. There are buyers for generic flats in the market. Can she put jointly owned house and or husband name registered house on Sale and will you buy it without her husband's signature and give her money in white and then get it registered on your name?

You have not read correctly the shown circumstances instead got clouded by women’s current apathy is my view.

I disagree to you when you say in your above reply she does not have a option?  – She does have options.  Are Courts closed from today onwards for this lady or cannot no ld. brother here get on admission stage an ex party Order (direction) to sell the Car at admission stage of suit matter hearing itself?

Hence the Latin maxims are not fitting in this facts is my view.

There is another crude illustration to test your quoted Latin Maxims;

In a husband wife relationship suppose many times husband politely and with indirect non coporal methods tried his level best to make sense to his wife in front of scoiety that they keep. But, one day he beats her blue and red and polcie puts him behind bars on complaint of society and in Court he takes recourse to your stated Latin Maxims. Will you buy it, I will buy it becuase he didnot have an option before the society that they both kept and when when there is no option left the illicit becomes licit.  (Sipropter necessitatem aliquid fit, illud licite fit.: quia quad non est licitum in lege, necessitas facitlicitum. Item necessitas legem non habet [If something is done out of necessity, it is done licitly, since what is not licit in law necessity makes licit. Likewise necessity has no law]). 

Rest leaving scope for re-learning.

Ownership of the Car cannot be legally transfered to the buyer.

Thanks to all sir but suppose it is not a car but a gold ring. I think most of the proplems of registration and transfer will be mitigated. The actual question is 'if wife has any right over property of a husband'  and I can understand that simple answer to this question is that 'A wife has no legal right over property of husband'.

But can we think some what different ?