can a husband/wife can sell property to wife/husband

Querist : Anonymous (Querist) 18 November 2009 This query is : Resolved
I would like to know that, whether a husband/wife can sell their property to their wife/husband.

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Adv Archana Deshmukh (Expert) 18 November 2009
Yes, definately a husband can sell his property to his wife or a wife can sell her property to her husband, because they are seperate entities in the eyes of law.

adv. rajeev ( rajoo ) (Expert) 18 November 2009
Husband/wife cannot sell their property to their wife/husband at most they can gift.

Raj Kumar Makkad (Expert) 18 November 2009
Both legally are separate entity and ther eis no bar to make sell between them.

Devajyoti Barman (Expert) 18 November 2009
Unlike common law the husband and wife in India are not treated as one person and hence they can enter into a valid agreement with each other.However in the context of saving money towards stamp duty , it would be advisable to make gift of the said property.

niranjan (Expert) 18 November 2009
There is no diference between sale and gift so far stamp duty is concerned,they are just same.I agree with above opinions and I know that it is so done.

Sachin Bhatia (Expert) 18 November 2009
Yes, a husband can sell his property to her wife or a wife can sell her property to his husband.

charudureja (Expert) 18 November 2009
Husband n wife r sepearate entities in the eyes of law. they r two distinct individuals and so they can sell their property to the other sopuse.

Anoop Deshpande (Expert) 18 November 2009
Yes, Husband and wife can sell property to each other...

G V S Jagannadha Rao (Expert) 19 November 2009
Yes. There is no bar in a person selling or buying property to/from the spouse.

Kamlesh soni (Expert) 19 November 2009
Husband n wife r sepearate entities in the eyes of law. they r two distinct individuals and so they can sell their property to the other sopuse.

Querist : Anonymous (Querist) 20 November 2009
Mr.Shiva Subramanyam,

you have quoted : "I would like to add a point. The husband or wife can sell the property to wife/husband, only if the property is a 'self-earned' one and not an ancestral property."

Sir, Is there any Clause in the Law.

If any such clause is there kindly quote please.

Devajyoti Barman (Expert) 20 November 2009
There is no restrictions even if the property is an ancestral one.For Mr. Niranjan, I would like to request him to kindly see Article 33 of Indian Stamp Act.

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