Purchase of property jointly owned by husband wife

Jitesh Malik (Querist) 09 August 2017 This query is : Resolved
I am buying a property which is jointly owned by a husband and wife. The husband wants all payments against the property to be made to him and he will provide a NoC from his wife that she has no objection in all payments being made to her husband.

But my banker is saying that the wife can come back later and file a case that she was not paid her dues from the sale of property and the court may put a stay on sale of property till the time such law suit is disposed.

I need to know if I can make payment to only one seller basis the NOC from other seller. What are the risks involved in the same? What is the best way to go ahead if the seller doesn't agree to get a bank account opened for his wife? How should I protect my interests? Can his wife file a suit even after signing the Noc and Sale deed ( I can include a clause regarding all payments to husband in the sale deed as well as the sale deed will be a registered document)?

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Rajendra K Goyal (Expert) 09 August 2017
Sale deed need to be signed by husband and wife both.

It is advisable to pay through draft cheque in the name of both owners. They can open joint account and husband can withdraw money from this account.

Hemant Agarwal (Expert) 09 August 2017
1. "IF" the Sale Deed is duly registered before the "registrar of sub-assurances", under Joint signatures of the Husband and Wife, THEN it legally does not matter IF full payment is given to Husband or to Wife.

2. AFTER above, the Purchaser is permanently absolved from all claims /liabilities from the Husband or the Wife.

Keep Smiling .... Hemant Agarwal
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