Can wife sell property without husband?


Hello Sir/Madam,

My sister is married and has 3 kids, 2 girls (17 years, 14 years) 1 son (12 years). There is a house in name of my sister and brother in-law. They have 30 lakhs of loan. My brother in-law has started some hotel business by not listening to my sister and lost around 10 lakhs. They are not paying the loan also and there is lot of pressure from Bank for repayment otherwise they are telling it will go for auction. My sister is telling to sell the property and finish all credits and leave a peaceful life. But b-in-law is not listening and also not giving any money for maintenance. If children ask money for fee, he is telling to leave the school and go for work and he don’t have money for anything and its true too. Now he is threatening my sister he will leave the city and don’t come back. He wants to start new business too for that my sister is not listening. My question is if he absconds, Is bank can do the auction without husband? How to avoid this auction? Is wife can sell the property and finish all credits and leave peaceful life with rest of money?

Waiting for your response.

Thanks, & Regards,

Harish

 
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Advocate

Is bank can do the auction without husband?

Yes the bank can go on with the auction process as the bank has enough powers to do so under the secularization act. 

How to avoid this auction?

Go and meet the bank officials. Give them a proposal of paying back. If they will get convinced they might give you some time. But at the end of the day you cannot escape from paying back the bank.

Is wife can sell the property and finish all credits and leave peaceful life with rest of money?

No. as its a joint property your sister cannot sell it without her husband.

 
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Lawyer in Hyderabad.wats app no.9989324294

Brother Parvez  suggestion is very good.

 
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Thanks for your response.

Is wife can sell the property and finish all credits and leave peaceful life with rest of money?

No. as its a joint property your sister cannot sell it without her husband.

If Husband absconds? is wife can sell it? or what is needed in order wife to sell it without husband even if it is in joint?

 
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