Wife's right on husband's self earned property
Arun Kumar
(Querist) 06 April 2016
This query is : Resolved
I have a query on Wife's right on husband's self earned property.
My friend is purchasing a property in Karnataka. The property is self earned property of seller. The Seller bought it after his marriage and all the documents are in his name.
Now during registration, is it required to take his wife's signature as witness ? or its not required?
Please clarify my doubt on this.
Thanks for your help in advance.
Thanks & Regards,
Arun Kumar
kavksatyanarayana
(Expert) 06 April 2016
No need to obtain signature of the wife of the seller. A wife will have a right over the properties either self acquired or ancestral, only after the death of her husband only.
Rajendra K Goyal
(Expert) 06 April 2016
Husband is owner of the property and he can sell it without the consent / permission of the husband.
Hemant Agarwal
(Expert) 08 April 2016
1. Subject to certain parameters, the Wife has all the rights on the self-acquired property of her husband. BUT NOC or Signature of Wife is not required to sell the property.
2. HOWEVER, if any family /divorce court proceedings are sub-judice, THEN the property cannot be disposed off.
Keep Smiling .... Hemant Agarwal
http://www.maharashtra-society-help-forum.com
RAVI K GOUD
(Expert) 10 April 2016
I go and support the opinion of Sri. Satyanaraya.
Legally wife's signature is not required when a living husband wants to sell his self acquired property. Wife will get all rights over property only on demise of her husband otherwise no.
Only for the futuristic convineance sake, some will take the signature of the wife as witness of the transaction. Thats it...
Arun Kumar
(Querist) 11 April 2016
Thanks a lot for everyone for responding to my query.
Actually our advocate suggested to get the signature from seller's wife as witness.
According to our advocate it will be required in following cases
1. If seller and his wife are in course of divorce, wife can prove that seller sold this property to avoid/reduce compensation.
2. or if seller is not able to give compensation to his wife for divorce, court may ask buyer of that property to provide maintenance amount to seller's wife.
Please provide your opinion on these scenarios.
RAVI K GOUD
(Expert) 16 April 2016
Mr. Arun,
Your query for the advice of the panel members should be a specific oriented and you should provide with all the material facts. Our suggestion or advice will depend on the facts of the issue in question. we cannot answer for academically, if answer for the same, it will be an elaborated one. So in future try to provide all the material facts at a time so that you could be advised accurately so that everyone's time would be saved.
In your query Divorce issue is not specified initially. so Relief would be problem/issue specific and case to case based.
