advance taken by one of the co-owners

Querist : Anonymous (Querist) 26 September 2010 This query is : Resolved
a property jointly held by husband and wife and wife takes advance from the buyer without the consent of the husband,can property be sold

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Devajyoti Barman (Expert) 26 September 2010
Yes but only in respect of her 1/2 undivided share.

s.subramanian (Expert) 26 September 2010
Only half share alone can be sold and not fully.

Parthasarathi Loganathan (Expert) 26 September 2010
However alienation of the property in question is subject to the terms and conditions of Sale Agreement since advance amount has been parted as a consideration to the proposed sale. However, the sale proceeds (including advance amount) is to be divided equally for share of both husband and wife. But is most of the cases, one of the owner gives a consent to the purchaser to pay the proceeds to another or cheque payable in joint names of the vendors.

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