Shop and house
Suri Kam singh
(Querist) 21 June 2014
This query is : Resolved
I have purchased a shop and a flat on my name( first) and my wife's name( second).
While aii the funds have been paid from my sources,we are residing at third place.
Now my wife is changing colors, Is it possible to sell these properties and get the Cheques in my name only. Even in Stamp duty papers of both the properties,only my cheques are mentioned as payment and even only in my IT files these 2 properties are mentioned.
Devajyoti Barman
(Expert) 21 June 2014
Irrespective who have made the payment you can not alone sell the property without the signature of your wife.
Now if your wife refuses to accept her half share in the sale proceeds then only you can get its price else no it would depend on buyer whether to make whole payment in your name without the consent of your wife which is very unlikely.
Rajendra K Goyal
(Expert) 22 June 2014
Property belongs to both and you alone can not get the whole proceeds of its sale.
Better reach an understanding.
malipeddi jaggarao
(Expert) 23 June 2014
Agreed with the experts. It is not question as to who has paid the consideration. It is the point in whose name the property got registered.
T. Kalaiselvan, Advocate
(Expert) 25 June 2014
The title of the property is on the joint names of you and your wife, hence you cannot dispose the property without her consent. Better to maintain cordial relationship atleast until the property is disposed.
