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Rajesh Parbat (Sr. Software Engineer/Tech Lead)     14 December 2014

What is the rights of spouse as wife in husband ?

Hi Law Experts,

 

What is the right of  spouse as wife in husband ? I have to buy a flat where it is requires to fill a form to show legal wife name as spouse  and signature too.

Please tel me can she sale this flat ?

If  I want sale this whether her signature is necessary ?

What will be her rights on my purchased flat?



Learning

 3 Replies


(Guest)

Buy flat in your brothers name or your mothers name. Never buy flat in wifes name. If marriage does not last long, then you can no longer stay in such flat, and she can throw you out. If your wife does not cooperate with you in leading life, she wont allow your mom, dad, relatives in the flat.  The moment you buy flat in her name she might see you as a servant.  The trend is like this, out of love or affection or to evade tax you might buy flat/house in wife name, its as good as losing such property if marriage does not work, in some cases even if marriage works due to greed of property, wife files false 498a, husband goes to jail, she will enjoy your property, and you cant even think of entering such premises.   Tomorrow if you want to sell it, definitely you will need her signature.  You have come to legal forum, hence explaining possibilities.


Technically speaking, wife can claim alimony from husband, but not property.  If you are buying the said flat in her name, then you whole ownership lies in her hands, if you give her 50% share in it while buying itself, then if marriage does not work, she can take share in such flat by selling it off.  If all goes well, and you just want to sell flat later on, you will need her signature to sell it provided she is co-owner.


T. Kalaiselvan, Advocate (Advocate)     23 December 2014

For buying a flat one need not have to mention his wife's name, come out with details that whether it is a loan application for buying the flat before the bank/financial institution.  Understand what you are asking or want to clarify and then post the query.  There is no such law to mention wife/spouse name to buy a flat in the country, registration of sale deed of property will be based on the previous owner's particulars based on the parent document of the property.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     25 January 2015

I am agree  with Expert Kaliselvan


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