Sale Deed

Querist : Anonymous (Querist) 05 December 2009 This query is : Resolved
In a joint ownership of a house property by husband and wife with 50% each, can the Husband sell his 50% Title to his Wife against a valid Sale consideration,and execute and register a Sale Deed to make her 100% owner.She is a tax assessee having independent income.Will the Title pass to her absolutely.

If he enters into a Sale Agreement prior to Sale is it valid?

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A V Vishal (Expert) 05 December 2009
Yes, if the husband receives the proper consideration as per the prevalent market value then there is no problem in selling his 50% to his wife. The agreement of sale is also valid.

Adv Archana Deshmukh (Expert) 05 December 2009
Yes, of course, he can sell his share to his wife. If he enters into an agreement of sale, it is also perfectly valid.

Raj Kumar Makkad (Expert) 05 December 2009
I do agree with the opinion of all experts.

N RAMESH. (Expert) 05 December 2009
As it is joint ownership, to avoid stamp duty, you can execute release deed instead of sale deed. It has same effect.