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sagar   10 November 2017

Husband challenging sale deed he made in favor of wife

Dear Experts,

I need Your HELP in a case details of which are as follows:

as chronological order

Wife is having her own income from Job she is doing before marriage.

1. Husband made an written application (without any Registered sale deed) for new mutation entry of his self acquired Open Plot in favor of wife in 1992.

Application content in brief "As I am unable to maintain the property, I hereby allow this property to be named in favor of my wife"

2. Mutation Entry was recorded by giving reference of only with application.

3. Then Husband did a Registered Sale deed in favor of Wife "Written as Full Value consideration as per prevalent mkt rates received from wife" as normal sale deed no conditions no strings attached. ( Not a gift deed, may I remind here).

4. Wife takes LOAN for construction on that land in her SOLE name and till now only she is repaying the loan amount from her automatic salary deduction manner.

5. Husband after dispute, files a suit for injunction and declaration for co-ownership of the whole property in 2012. Trial court dismissed injunction so as high court. Declaration suit still pending.

6. Husband says he transferred the said property out of love and affection and for securing low interest Loan in the name of wife, hence he is the co-owner as there's no actual consideration involved and Earlier mutation entry shows that.

but New mutation entry was also recorded after sale deed.

Please give your VALUABLE comments with legal provisions and applicable case laws in this matter.

Thanks a lot in advance.


 8 Replies

Vijay Raj Mahajan (Advocate)     10 November 2017

Once sale deed of immovable property executed according to law it cannot be revoked on any ground.
1 Like

sagar   10 November 2017

Thanks for reply. Any comments on the argument that husband says "actual sale consideration wasn't given and also look at the 1st mutation entry it shows the intention for that"

G.L.N. Prasad (Retired employee.)     10 November 2017

Mutation is not ownership and just a  revenue record , it may support a title deed, but Regd title deed prevails against all other entries.

When the matter is in HC, let HC decide the case and your advocate can guide you as facts are crucial in such cases.

1 Like

Isaac Gabriel (Advocate)     10 November 2017

Nevertheless, title for the property remains with your wife. What prompted you to agitate after executing the sale consideration?.
1 Like

sagar   10 November 2017

as its clear from above Its domestic dispute, current status- Husband wife divorced, above Property case pending in Trial Court,

and its not agitation as its really no cosideration exchanged, by substance over form, can Husband have right in House property.

>  What if witnesses of the sale deed contract give testimony in court in favor of Husband that no sale consideration was exhanged at the time of sale deed??



G.L.N. Prasad (Retired employee.)     10 November 2017

It is very hard to crack the nut, as facts and circumstances will also be taken in consideration while deciding a declaration suit, which includes physical possession and exercise of individual rights.  Do not get confused, and always seek guidance from a local advocate for a remedy and do not postpone things and pile up disturbing thoughts.

sagar   10 November 2017

Physical Possession of Property,  Tax receipts  (Paid by Wife) are with Wife, SHe has given it on rent to tenants and reciving regular Rent in her bank account.

Original Sale Deed in possession of bank as the Loan is still being repaid by Wife....

sagar   12 November 2017

any other opinions?

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