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sabhir   02 May 2020

Wife made propertysale deed without mentioning husbands name

sir/madam

need to know about my case  about my mother who have made sale deed  propertysale deed without mentioning husbands name(my father)  in sale deed  does my father and myself have right it that property .my mummy nd daddy have civil marrige registration property purchased after marrige



Learning

 5 Replies

Vishnu P Sopanam   02 May 2020

if property is in the name of your mother she deserves the right to sell property to anyoneÛ”if it is in the joint name then question of father's signature ariseÛ”

G.L.N. Prasad (Retired employee.)     03 May 2020

The property remains as sold out and registered.  Whether it is valid or void can only be decided by a competent court at this point in time.  Members can not decide such issues that require judicial cancellation of a sale deed.  Contact a local advocate, discuss with him the probability of filing the Declaration suit depending on other factors.  It is not obligatory to mention the husband's name for every transaction and it is optional for identifying the correct party and for such other legal purposes.  A document can never lose it's validity because the seller has not mentioned the husband's name.

Real Soul.... (LEGAL)     03 May 2020

If your mother has paid for the property and sale deed is only in her name she is absolute owner of the property.She will continue be owner and after her death the property can be divided as per her will if she executes any or if there is no transfer or will left by her, then the property shall devolve upon her heirs i.e husband and children.

P. Venu (Advocate)     03 May 2020

A strange query - what is the context?

Deekshitulu.V.S.R (B.Sc, B.L)     05 May 2020

A strange question, without details.  However if the sle deed stands in ur mother's name then obviously she is deemed to be the owner of the property, which she can sell as per her will and wish.  But if the sale consideration goes from your fahter and the deed is taken in the name of your mother then she is only a trustee for the property.  This is called doctrine of advancement for trust whic is other wise called a benami transaction.  It depends on your stand as regards the property, but the presumoption is that shle is the owner untill the contrary is proved, which is possible by filing a suitr in appropriate court.


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