Can a husband sell his property without wifes consent
B P Vani
(Querist) 16 April 2012
This query is : Resolved
My husband owns a flat in Bangalore. Even though i contributed nearly half of the money while buying, the entire flat is only in his name. Now he wants to sell the flat. I am resisting on his decision to sell.But inspite of my resistance he is going a head and negotiating with the price. Can he sell the property without my and my daughters signature. I have two daughters one has just completed 18 yrs and the other one is 12 yrs. Could you kindly tell us the autonomy he has on his flat.
Thanks in advance,
prabhakar singh
(Expert) 16 April 2012
If the Flat is in his own name then he is the sole owner.What is the proof of your contribution.Charge can be created over the flat for maintenance of your and daughters as well as for marriage expenses.You can even seek relief under DV Act.
Visit a local lawyer.
Raj Kumar Makkad
(Expert) 16 April 2012
As the house stands in the name of your husband so legally he is free to deal with it in any manner and there was no law in India to obstruct such things which you mentioned in the query but now The Prevention of Atrocities on Women Act, 2005 is in existence. Section 18 of this Act empowers wife to file an application under section 12 of ibid Act to restrain her husband to dispose off any of his properties as he has no other property for your welfare/residence.
ajay sethi
(Expert) 16 April 2012
try to resolve issue by roping in family elders . if your husband is planning to sell the property where he wants to invest sale porceeds? your daughters must be his waekness . tell your daughters to convince father that they dont want to live nay where else as they have friends in said area and dont want to shift
Shonee Kapoor
(Expert) 16 April 2012
He is free to sell the property. If you are not staying in that flat, very difficult to get stay on the same even under PWDVA, 2005.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 18 April 2012
Dear Vaniji,
Is your marriage on the verge of a breakup.If so you can proceed legally.From what sources have you invested your share?Do you have any proofs for them.Kindly eloborate.
