Flat sale - transfer laws

RAHUL CHAVAN (Querist) 15 October 2014 This query is : Resolved
My relative has a flat in Pune purchased in the year 2009 on the joint name
1) Husband 2)Wife
Both apprearing on Index-2.
The building where the flat is purchased is stil maintained by builder and co-op society/apartment is not yet formed.

My relative wants to sell the flat now. But the problem is, his wife has lost the momery and she is not in a position to
sign any of the legal documents.

Can my relative sell the flat with husband doing all the formalities without any sign of his wife? Please guide.

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Anirudh (Expert) 15 October 2014
Whether your relative has any son(s)/daughter(s)?

ajay sethi (Expert) 15 October 2014
what is cause of memory loss? what does doctor report say ? have doctors opined that your wife will never regain her memory

RAHUL CHAVAN (Querist) 15 October 2014
Relatives wife is suffered by illness called Dimentia. She is 65+ years old and no chances of regaining memory as per doctor.

Rajendra K Goyal (Expert) 15 October 2014
Permission from court on behalf of wife should be received to sell the property. Court can appoint some person to look after the interests of wife.

Anirudh (Expert) 15 October 2014
Dear Mr. Rahul,
Pl. take your time to give answer to my query.

Guest (Expert) 15 October 2014
Dear Author,Since the Wife had lost Memory her Children would be her Legal Heirs.The Husband Could sell the property supported by his Wife's Medical Certificate and Consent Letters of her Children who are Legal Heirs.If No Children No Issues the Medical Certificate of her Status will do.

RAHUL CHAVAN (Querist) 16 October 2014
My relative has 2 daughters. Both are married.

Anirudh (Expert) 16 October 2014
Yes, if they do not have any objection in your selling the flat (including your wife's i.e. their mother's share of 50%), then in that event you can sell the flat by you signing the document along with your two daughters. The buyer should not have any problem in accepting such a Sale Deed signed by all.

In fact in the recital to the Sale Deed it can be very well stated that your wife is not in a position to .... and therefore to be on safe side the signature of the two daughters are also affixed to this Sale Deed to assure and give comfort level to the buyer.

RAHUL CHAVAN (Querist) 16 October 2014
Just one thing to add. The society formation is not done and building is still with builder. We will pay fees to builder to get NOC.

I hope in this circumstance, above hold true. If not, then please suggest.

Devajyoti Barman (Expert) 16 October 2014
The next friend/guardian is to be appointed by the court for the insane wife.
Once that is done the court permission is to be required to sell the share of wife.
Else you buy the property at your risk.

ajay sethi (Expert) 16 October 2014
daughter can make application to court to be appointed as guardian of the mother . enclose copy of mother medical report . after investigation court would appoint the daughters as guardian of mother . then sale deed can be executed for sale of flat

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