WIFE LEFT NOT DIVORCED

Querist : Anonymous (Querist) 13 March 2010 This query is : Resolved
mY FRIEND AND HIS WIFE WITH A CHILD LIVED TOGETHER FOR ONLY 2 YEARS. THEREAFTER DUE TO MISUNDERSTANDING WIFE LEFT AND MY FRIEND IS ALONE NOW. THEY HAVE NOT MET SINCE 8 YEARS. MY FRIEND PURCHASED A PLOT AND CONSTRUCTED A HOUSE ON IT BY AVAILING HOUSING LOAN FROM A NATIONALISED BANK. HE WANTS TO DISPOSE OFF THE PROPERTY. THE BUYER IS DEMANDING THAT WIFE AND THE CHILD IF NOW MAJOR BOTH TO SIGN AS A CONSENTING WITNESS. ONE LAWYER OPINED SINCE THE PROPERTY IS PURCHASED WITH THE INCOME OF MY FRIEND HE CAN DISPOSE OFF THE SAME FOR WHICH CONSENTING WITNESS NOT REQUIRED. WHAT IF THE BUYER COMPLETES THE DEAL AND SUBSEQUNTELY WHETHER THE WIFE AND THE CHILD AFTER HIS BECOMING MAJOR DEMAND MONEY OR PROPERTY FROM THE BUYER. WHAT ARE THE LEGAL CONSEQUENCES AND REMIDIES. PL ADVISE

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A V Vishal (Expert) 13 March 2010
Not possible in case of self acquired property by wife or child to lay claim over the property.

Guest (Expert) 13 March 2010
its self acquired property of the husband. Wife and kids no right to lay over the claim over the said property.Consenting witness not required.

Raj Kumar Makkad (Expert) 13 March 2010
Your friend is the sole owner in possession of his self acquired property and he is free to dispose off in the manner he likes and his wife of child has no interference therein presently or in future and buyer shall not face any problem if they are not impleaded in the deal as a consenting parties/witnesses.

Arvind Singh Chauhan (Expert) 13 March 2010
A do agree with All learned seniors.

niranjan (Expert) 13 March 2010
However pl.see AIR 2004 AP 317.

O. Mahalakshmi (Expert) 19 March 2010
Your friend is the sole owner to dispose off his own property. No need to get others consent to sell out his own property.

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