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ramesh   17 August 2016

Can a wife sell a property which was registered on her name

Hi, i come accross this issue from neighbours;

A wife wants to sell a house which was register in her name, because of debts her family done, she can't able to manage family expenses and insterest payments, she wants to sell one of the property register on her name, but husband and duaghter in law are objecting;

Is it mandatory that she need signatures of son,husband and duaghter-in-law to sell that property?



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 3 Replies

adv.bharat @ PUNE (Lawyer)     17 August 2016

If it is self acquired property and want to sell it for legal necessity & the document is on her own name. That is she is sole owner of that property then she can sold it other wise she had to take consent from other co-owner.

If u like my suggesation then give THANK on my LCI profile.

2 Like

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     17 August 2016

No such consent is required in law if she is the legal owner. However, in case the funds to the said property were contributed by her husband or any other person and the said purchase was not for her benefit, then the said property is a benami property and hence there could be an issue foer her to sell it.

Augustine Chatterjee

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Advocate & Solicitor at Law

 

Kumar Doab (FIN)     17 August 2016

If it is self acquired/absoloute property, she can sell.

If debts are on family then family should contribute to pay debt.

She can claim maintaince from children.


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