Legal Question in Intellectual Property in India

When you say the wife sold her property it means it was in her name ,it also means she has/had all the right to do what she did, Husband did not and could not have stopped her . Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

16.10.2012

Dear Sir / Madam,

Let me first rephrase your query : Wife has sold one property which is on her name without consent of her husband. Does husband have any right to create and problem to new owners?

Your query can be interpreted in three ways assuming all terms and conditions of the Agreement for Sale have been fulfilled by both the parties :

1) I can presume the property was in the wife's sole name - Husband has no say in the sale;

2) I can presume the property is in joint names with the name of the wife appearing first and the name of the husband appearing second - In this case the explicit consent of the husband and his signature on the Agreement for Sale is important;

3) I can presume the property is in joint names with the name of the husband appearing first and the name of the wife appearing second - Wife has no right whatsoever, to sell the property. In this scenario, the Sale Deed done by the wife remains null and void.

Regards,

Fca Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

the husband may create a problem as the assets and liabilities of wife and husband are joint as per law.

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