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Vishal (Sales)     13 January 2017

Potential threat to my home.

Dear Experts

Presently we own a Flat Under Joint names, first name being my mother, second name myself and last name my wife which was added in Good Faith out of Trust. Whole Purchase of the Flat was Jointly financed by my mother who has given Major amount and Myself. My wife only bought bed and furniture. Now my wife has started to show her True colors. All the orginal papers of the house is with my mother under her safe. Can my wife Fradulently sell the house without consent of me and my mother. 

Also my wife is forcing me to coerce my mother to write a gift deed and remove her name from the Flat. Kindly Suggest me a solution to ward of this threat.

 



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 5 Replies


(Guest)
Originally posted by : Vishal
Dear Experts

Presently we own a Flat Under Joint names, first name being my mother, second name myself and last name my wife which was added in Good Faith out of Trust. Whole Purchase of the Flat was Jointly financed by my mother who has given Major amount and Myself. My wife only bought bed and furniture. Now my wife has started to show her True colors. All the orginal papers of the house is with my mother under her safe. Can my wife Fradulently sell the house without consent of me and my mother. 

Also my wife is forcing me to coerce my mother to write a gift deed and remove her name from the Flat. Kindly Suggest me a solution to ward of this threat.

 

What your wife is capable of, only time will tell.  

You need to understand one thing here, women need security, hence they get married, hence they ask a formal relationship which law recognizes, hence they get married keeping in mind that someone will be there to feed them, to care for them till they die.

That is the main idea behind concept of marriage not just in India but all over the world.

Any action of a woman where she is trying to save money, invest money in property or getting to sign property papers is only for securing her future.

Once she feels her future is not secure, she will do all sorts of drama.

Now point is you failed to make her feel secure.

Greed is another part for which nobody has an answer.

Apart from it you talk to your wife and make her feel secure, take her into confidence.  Thast the only way out here.  No legal solution.  If she does anything opposed ot Law of land she will go jail.

HIRAL THAKKAR (ADVOCATE )     13 January 2017

Your wife is unnecessarily worrying as she has her name included in the agreement. she will also have her share in the property. Unless all the sellers consent the flat cannot be sold.

Vishal (Sales)     13 January 2017

Thanks for all your replies... Let me tell you her family BG. Shes from a Posh locality in Juhu Living in a 3 bedroom Flat around 2000 sq ft or carpet Area only. Her Mother is a divorcee, and she is with her Granny and one sister... We Tried to contact her divorced father, but no Success. I am holding a Job abroad, She is Double qualified than me and working as teacher... We are blessed with a baby boy. 

You are right... Greed is something which cannot end. Criminal mind cannot change as its in Their DNA. The house which I am taking about is in Panvel. My mother was owing a flat in Kurla which was a 1 BHK but Small and we are Two Brothers.. My Mom sold that house and bought Two Flats so that she could Settle one of the SONS which is me and my wife can Live happily there. My mothers name was added to as save on the taxation part as per the advice of one of the IT officers..which shes is not able to digest... If i add my brothers name will it secure my house... and anyway i can remove my wifes name as well

P. Venu (Advocate)     13 January 2017

It appears there are deeper issues. Please post the complete facts as well as the real issues involved.

Kumar Doab (FIN)     14 January 2017

There are 3 shares and 3 owners.

Anyone can dispose his/her share by a valid/registered deed e.g; gift/sale/release/relinquishment deed /WILL etc.

To sell 3 owners are to sign.

The personal issues may better be signed amicably.


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