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SALE DEED IN THE NAME OF WIFE

(Querist) 08 August 2009 This query is : Resolved 
HELLO ALL EXPERTS
IN GUAJARAT LADY IS EXEMPTED TO PAY STAMPDUTY WHEN SHE PURCHASES ANY IMMOVABL PROEPERTY MY CLIENT PURCHASED SHOP AND HOME BY THE NAME OF HIS WIFE NOW BOTH HAVE FAMILY DISPUTE NOW MY CLIENT WOULD LIKE TO ADD HIS NAME IN THE SALE DEES IS IT POSSIBLE ?
A V Vishal (Expert) 08 August 2009
It is not possible without her consent
Sarvesh Kumar Sharma Advocate (Expert) 09 August 2009
prakesh ji,
it is not possible.
Y V Vishweshwar Rao (Expert) 09 August 2009
The Wife is sole purchaser , with her concnet also the name of husbad can not be entered /included / written in the sale deed

A separate Deed to be executed and Registered by wife in favour of the Husband
1-creatign Joint rights - declarign Joint rights of Wife and Husband
2- Regd Gift
3-Regd Relinquishment Deed

to be executed by wife in favour of the Husband !
sanjeev murthy desai (Expert) 10 August 2009
Dear Praksh,

Legally this transactions called as Benami Transactions and said Benami Transactions legally valid when purchased the property in favour of family memebers.

In your client case the husband is bonafide purchaser of the property consideration paid by him but in the name of the his wife.

I think technically he is the owner but subsequently his claiming rights of that property is questionable.

I have to do research on this aspect, if i got anything i will share with you asap.

sanjeev desai

sanjeev murthy desai (Expert) 11 August 2009

Mollaya Padayachi And Anr. vs Krishnaswami Iyer And Ors. on 29 February, 1924
Cites 19 docs - [View All]
The Code Of Civil Procedure (Amendment) Act, 2002
Section 70 in The Indian Contract Act, 1872
Section 69 in The Indian Contract Act, 1872
Section 41 in The Transfer Of Property Act, 1882
The Indian Contract Act, 1872
Citedby 5 docs
Balkrishna Koundar vs Amirthavalli Ammal And Anr. on 10 February, 1959
Angammal vs M.M.S. Aslami Sahib on 28 April, 1913
Nanduri Saradamba vs Parakala Pattabhiramayya on 14 February, 1930
Arumilli Surayya vs Pinisetti Venkataramanamma And ... on 12 December, 1939
K.M.Sr.K. Lankaram vs O.K.S. Sundaragopala Aiyar And ... on 3 September, 1940


Chennai High Court

Mollaya Padayachi And Anr. vs Krishnaswami Iyer And Ors. on 29/2/1924

JUDGMENT

Kumaraswami Sastri, J.

1. The 4th and 5th defendants are the appellants.

2. The plaintiff sued to recover Rs. 6,669- I-O with costs and further
interest due on a deed of mortgage dated the 27th of January, 1916 executed by
the 1st defendant in his favour for Rs. 5,500 with interest at 9 per cent, per
annum. It is alleged that the amount was repayable within the 27th of January,
1917, and that, in default of payment, interest at 12 per cent. was chargeable
from the date of the bond and was to be added to the principal with annual
rests.

3. The 1st defendant is the son of the 2nd defendant. The case for the
plaintiff is that the mortgaged properties belong to Murugayee, the mother of
the 1st defendant and the wife of the 2nd defendant, that Murugayee who died on
the 7th January, 1916, executed a will, dated the 2nd of April, 1914, whereby
she bequeathed the properties to the 1st defendant, that the 1st defendant
became the exclusive owner of the properties, that in execution of the decree in
O.S. No. 55 of 1914 on the file of the Tanjore Additional Sub-Court, which was
passed against the 1st and 2nd defendants and the deceased Murugayee in favour
of Dandapani Vaithiyan the properties were brought to sale and purchased by the
decree-holder on the 20th of January, 1916, that with a view to set aside the
sale, the 1st defendant who was the owner of the properties which were sold,
executed the plaint mortgage deed, that the amount advanced by the plaintiff was
deposited in Court by the 1st defendant towards the amount due under the decree
and the Court sale was set aside on the 1st of February, 1916, and that the
money advanced on the suit mortgage thus satisfied the decree of Court against
the 2nd defendant also and went to set aside the Court sale. The plaintiff
states that the 2nd defendant has no interest in the mortgaged properties, that
in case the 2nd defendant claims the mortgaged properties as joint properties,
the mortgage is binding on him as the 1st defendant was acting as the manager of
the family and borrowed the money for preserving the estate and for satisfying
the decree against the 2nd defendant, that in any event the 2nd defendant was
bound in law to reimburse the plaintiff to the extent to which he, the 2nd
defendant was benefited by the amount advanced for the mortgage and that he is
liable to pay the plaintiff half the amount deposited in O.S. No. 55 of 1914, as
the decree was personally against the 2nd defendant, and his wife Murugayee and
against the family properties of the 1st defendant.

4. The 3rd defendant was made a party as he is a subsequent purchaser from
the 1st defendant. Defendants 4 to 8 were made parties as mortgagees and
purchasers from the 2nd defendant. Defendants 9 and 10 were made parties as they
are the sisters of the 1st defendant and live in the first item of the mortgaged
properties with the plaintiffs' permission.

5. The 1st defendant filed a written statement admitting the plaintiff's
claim and the allegations in the plaint.

6. The 2nd defendant filed a written statement denying that the properties
belonged to hi


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