Selling property
G V RAO
(Querist) 08 March 2010
This query is : Resolved
I own a ground and first floor property at bangalore. It is a self acquired property. To build the entire property the cheque has been issued only by me from the joint account of mine,wife and mother.
Our divorce case is in the court from 2007 onwards. My wife stays at first floor and ground floor given for rent.
During 2008 , i have sold the 2/3 of the property ( Ground and one room in IInd floor ) to my mother vide proper registration and with proper stamp duty paid.
The middle floor retained in my name only, where my wife stays at present.
I am not going to sell the first floor where she leaves with my child.
My mother want to sell her 2/3rd property to some one .
It is legally possible. What kind of problem will get from my wife .
Pls advice .
Raj Kumar Makkad
(Expert) 08 March 2010
Your mother can very well sell the portion of the house specifically owned and possessed by her and no legal problem can be created by your wife except if she desires harassment or some illegal obstructions.
Parveen Kr. Aggarwal
(Expert) 08 March 2010
Yes. Your mother being owner in possession of the share of property can sell the property and deliver possession thereof to the vendee. This is legally possible and permissible.
Your wife is neither owner nor in possession of the ground floor and second floor portion of the house, therefore, legally she cannot create any obstacle in the alienation of property by your mother.
