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Padmanabham (Retired)     09 April 2010

Housewife's right to sell property standing in her name

Elsewhere in these forums, the following is mentioned while talking about Benami Transaction Prohibition Act.

"THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988

Sec 3. Prohibition of benami transactions- (1) No person shall enter into any benami transaction.
(2) Nothing in sub-section (1) shall apply to the purchase of property by any person in the name
of his wife or unmarried daughter and it shall be presumed, unless the contrary is proved, that the
said property had been purchased for the benefit of the wife of the unmarried daughter."

Can a housewife dispose off the property standing in her name? Is it necessary to have  the consent of her children and/or her  husband?

What are the implications of purchasing such property.

I may please be enlightened in this matter

Thanks

 


 



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 7 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     09 April 2010

Well if property stands only in your name then legally you can sell the same

but it will be advised if your husband has purchased property in your name or in daughters name

to take his permission before doing so as you have to stay with him and in order to have good  marriage relationship

I advise to take necessary permission of your husband to do so.

 

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     09 April 2010

if you purchase such property there want be any issue as far as the property is only in the name of said wife.

but as money is involved better to have such consultation.

adv. rajeev ( rajoo ) (practicing advocate)     09 April 2010

If the property stands in the name of the wife it amounts to self earned property of the wife,  as such she can dispose it .

Signatures of the children are not necessary

(But chidren can challenge it  taking a contention that thier mother had/has no independent income and the property was purchased by their father .)

bhagwat patil (Property due diligence 9422773303)     11 April 2010

wife is the absolute owner of her propety.she can dispose it anyway. nither her husband nor her children have right over it.  ...( SC on benami propertty) 

Padmanabham (Retired)     12 April 2010

Thank you all for your kind advice in the matter. After reading some of the judgments in similar cases, I find that in certain circumstances if it is proved that the property is acquired by her husband in her name, the father/children may have a claim to it. As a safeguard, I would like to get it in writing from the husband of the property holder that he has no claim over the property and his wife can dispose off the propety in any manner she likes.

What type of document shall I get from him and important points to be noted in such a document please.

Thanks

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     12 April 2010

Well you just have to get declaration from her husband on necessary value of stamp paper may be Rs. 20 / Rs. 50/ Rs.100as you wish

having a point that 

"he confirms and declare that the property i.e.details of property xyz location alongwith necessary survey nos.,

that the property stands in her wife name and she has right to sell such property as per her discretion.

and i further confirm that she has sold property by way of sale deed registered ................ to Mr. So & so"

Padmanabham (Retired)     12 April 2010

Thanks a lot


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