(Guest)

Property in husband name and wife staying at the property

I want to purchase a property which is available at 15% lesser rate. The property was owned by a government employee who is going to retire in next Aug 2017. the couple are having 2 daughters who are married and settled. The couple is staying separately for last 10 years and the woman is occupied and staying in the house which was owned by husband.

The house was purchased by husband after taking loan from government office where he is working and paid. Now he want to sell the property and make 4 sahres for couple and 2 daughters, but the wife is not allowing the property and occupied. The couple has filed divorce and later withdrawn. On court orders the husband is paying Rs.5000 to wife.

Now hus abnd and their 2 daughters are ready to sign the papers, but the wife is asking for bigger share and everytime changing her demand

Is it safe to purchase such a house and how to proceed?

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6 Replies

(Guest)

If title is clear and u got ec from this fellow go ahead. No problem.

Ms.Usha Kapoor (CEO) 09 November 2016

Since the proprty is in husband's name AND IS HIS SELF ACQUIRED PROPERTY he can sell the property without anybody's consent. The buyer would get absolute and MARKETABLE TITLE TO SUCH A PROPERTY. IF YOU APPRECIATE THIS ANSWER PLEASE CONVEY MY FORUM THANKS.

Kumar Doab (FIN) 09 November 2016

"The couple has filed divorce and later withdrawn. On court orders the husband is paying Rs.5000 to wife."

Prefer to ask the owner to get the property vacated.

Laxmi Kant Joshi (Advocate ) 09 November 2016

The husband is the sole owner of that property hence he can sell it without taking any permission from anyone but tell him to vacate the whole property before selling it ,if he do so then purchase it without any fear .

Kumar Doab (FIN) 09 November 2016

"The couple has filed divorce and later withdrawn. On court orders the husband is paying Rs.5000 to wife."

Prefer to ask the owner to get the property vacated.

Kumar Doab (FIN) 09 November 2016

Another Prespective:

Obtain proepr legal opinion on proeprty from a very able counsel specializing in revenue/property/civil matters and check if any injunction to sell was ever granted by court and/or vacated.

If title is clear and without any defects; negotiate with husband/owner that share that he want to pass to anyone is from proceeds and you shall not bear it.

If title is clear and without any defects; negotiate with husband/wife/sons/daughters and make them agree that all of them shall vacatae the premises ( even record vacation) and sign as consenting witnesses on sale deed.

If title is clear and without any defects; Take possesion before making the payment and sigining the sale deed. Make full payment before sub registrar.

Thereafter don't loose possesion.