Can a husband sell his self earned and owned residential property without wife's consent?

Khushi (Querist) 27 January 2016 This query is : Resolved
Husband is staying away from his wife and two major children since two years.
Can he sell his residential property in which his wife and children stay, without their consent?

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Anirudh (Expert) 27 January 2016
YES, he can do so.

Guest (Expert) 27 January 2016
If the Property has No Encumbrance,No Attachment Etc and if it is Absolutely in the Name of the Husband as Single Owner he could Sell it if the Buyer is Ready to take the Responsibility of Vacating them.Or the Seller should Vacate them before Selling Which Could be a Tough Process for him.A Competent Advocate of his Family Could Even get a Stay.

Devajyoti Barman (Expert) 27 January 2016
The husband needs no consent of his wife and children to transfer his self acquired property unless any order of injunction is imposed by a court in a proceeding under PWDV Act.

Rajendra K Goyal (Expert) 27 January 2016
If it is self acquired property of husband, he can sell it without the consent of wife or children.

Adv. Yogen Kakade (Expert) 27 January 2016
If the property is in his name.. no need of any consent from family members.. unless any encumbrances.

Sudhir Kumar, Advocate (Expert) 27 January 2016
based on given facts "YES"

Kumar Doab (Expert) 27 January 2016
Yes is the answer to statement in query.

Guest (Expert) 27 January 2016
Consent of any family member is not required for selling self acquired property.

Dr J C Vashista (Expert) 28 January 2016
Incomplete information.
You have not stated whether your wife is co-owner (titleholder) of the property with you? If yes, you will have to seek her written consent before selling it out.

Occupying/staying/possession of the property cannot affect the sale transaction if you are the sole owner.

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