Right of wife over gifted property to husband from parents
Dattatreya
(Querist) 28 June 2019
This query is : Resolved
I have purchased property from Mr X. I have made two minor sons as consenting witness. I have not made his wife as consenting witness to the deed. The History of the property is as under
Mr X received the property by way of Gift from His parents Mr A and Mrs B.
Mr A has recieved the property by way partition by the court decree.
Mr A Converted the Land and made sites.
Both Daughters of Mr A has released their right over the Entire property which was n herited to Mr. A in favor of Mr A , Smt B and Mr. X
Now my question is whether the consent of wife of Mr X is required?
kavksatyanarayana
(Expert) 28 June 2019
Dear querist, the minors cannot sign in a document as witness. If the document is registered with the witnesses of minors is invalid. In your case, wife's consent is not necessary.
Dattatreya
(Querist) 29 June 2019
Thank you for your reply, on behalf of minor his father has signed the document .
Dr J C Vashista
(Expert) 30 June 2019
1. You have stated that X has received the property from his father A by way of Gift deed, the property is self acquired in the hands of X.
2. Where is the question of going back to the partition of property.
3. Besides this how does his wife B steps in (made a party) the suit for partition of ancestral property inherited by A during the life time of her husband i.e., A?
4. Moreover, how does daughters of A & B come in the way of executing a Gift deed in favour of X?
5. Vague and confusing statement.
6. It would be better to consult a local prudent lawyer with relevant records for appreciation of facts and guidance.
If you are located in Delhi/NCR and feel so, may contact me (on appointment) at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075
Cell # +91 98911-52939 email: majjagdish@yahoo.com or visit: vakil-saab.com
P. Venu
(Expert) 03 July 2019
The children or the wife have no right or claim over the property. Your extra precautions were quite unnecessary and unproductive and could turn out to be burdensome.
Hemant Agarwal
(Expert) 05 July 2019
1. IF you have purchased the property of "X", via a duly Stamp Duty paid and Registered Sale Deed and both the Seller & Buyer parties have signed before the Registrar of Sub-Assurances, THEN there is no need for any witnesses, whatsoever (which includes the minor children and Mrs. X).
2. However, IF Mrs. X and Mr. X, are embroiled in a Divorce proceedings or any other claims suit or any other legal cases, THEN the consenting /confirming signature of Mrs. X, becomes absolutely necessary.
