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satish (self employed)     30 July 2011

Wife and husband sale deed

My wife has AG land which was Gifted to her by Uncle (paternal;younger) through Gift Deed Settlement

can My Wife sell AG land to Me (her Husband) through executing by Sale Deed

is Sale deed be valid between wife and husband

if sale deed is valid, advice me on any specific matter which i have to write and include in the General Sale deed agreement

Sir, my wife’s uncle, who is now threatening us , that he will revoke the Gift deed which is executed by him in 2005 June, due to abnormal increase in land value, he has became selfish and demanding us more money

That’s Y we wanted to execute Sale deed 


 4 Replies

Mahadeva Rao G (ADVOCATE)     30 July 2011


Gift once made cannot be revoked usually   unless and until it  is  a conditional gift.  if  u can mail me  the  copy of the gift  deed  we  can see  if  there is any  such  condition  under which  it  can  be  revokable.    There is no  need  to make a sale agreement  from your  wife  to your name.    One   the gift is  accepted  by  the  Donee  she will  be  the absolute owner  and   If   the  revenue  records  has  been  mutated  in your wife  name  such  as  R.T.C.,    Mutation  etc  and  if    she  is  paying  the   requisite  taxes from the  date of  the  Gift Deed settlement ,    then  it is  very difficult  for  her uncle  to  revoke  the  gift  deed.      WHo is  in  possession  of  the said  property is  also  important.      u  can  send  the  details  asked  for  and  i guess  u r safe. 

All the  best.  and  Warm Regards.

 For further  more clarification u can  revert  back to me on 9845285555  or on  with  the copy of the gift deed.

Mahadeva  Rao  G.    9845285555   ADVOCATE      BANGALORE.

THANKACHAN V P (Advocate & Notary)     30 July 2011

Wife can sell her property to husband . As rightly pointed out by Mahadeva Rao  no need of executing a sale deed for the purpose of saving the land from your wife's  uncle.

JT Rajasuriya, Chennai (Advocate 98410 53790)     31 July 2011

There are other issues involved like - whether it was truly a gift or a sale mentioned as gift to save on stamp duty and the circumstances under which it was given. Only after all the facts are known threadbare any suitable solution can be given.

pratyush   07 April 2016

Dear friends,

One of my friends is in USA and his wife is in India.His wife is expecting some money from his husband so that she can take a piece  of land and construct a house in Hyderabad.But she wants to keep the property on her name and she is ready to pay back in the future (interest & Principal amount) to her husband.Now what sort of loan contract should be created between wife and husband and the loan contract should be trouble free even in case there is any problem in the future like divorce/separation etc.

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