Benaami transactions

deepika menda (Querist) 13 October 2009 This query is : Resolved
If husbands purchase property in the names of their wives,are the wives entitled to enter into any sale agreement of the same without the written acknowledgement of the husbands.Will the sale transaction be valid in the eyes of law?

Follow Query

Report Abuse

Adv Archana Deshmukh (Expert) 13 October 2009
If the property is in the name of the wife she can validly sell it.

n.k.sarin (Expert) 13 October 2009
Deepika, when a property purchased in the name of wife,wife become owner of the same.It is immaterial that for the said purchased from where the money come.wife can sell it without the written permission of the husband. Husband has one option to move the court and get stay the sale procedure.

PJANARDHANA REDDY (Expert) 13 October 2009
IF THE WIFE IS DEPENDENT ON HUSBAND INCOME & DECLARED IN SALE DEED OCC:: AS HOUSE WIFE,THE PURCHASER MUST GET NOC FROM HUSBAND AND WITNESS THE SALE DEED TO AVOID ANY FUTURE LITIGATION

Sachin Bhatia (Expert) 13 October 2009
If the property is in name of wife then she is fully entitled to enter into any sale agreement of the same without the written acknowledgement of the husbands.
Benaami transactions is prohibited.

Gaurang S. Rangunwala (Expert) 14 October 2009
Deepika, According to Hindu Succession Act, 1956 Section-14 Property of a female Hindu to be her absolute property.
Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.
So, that in your case, wives can sold the property legally...