• Sale of property

Hi, My husband bought and sold a property and bought another one and not revealing the details. Can I go to court to claim the property. Can he sell property without my consent? How can I find out details of his property?
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

You have no share in husband property 

 

2) you can only claim right to stay in your matrimonial home 

 

3) husband is at liberty to sell the property without your consent 

Ajay Sethi
Advocate, Mumbai
97608 Answers
7901 Consultations

Hello,

  1. If your husband has sold a property that was jointly owned by you and him, you deserve to know what he did with the proceeds and the details of a new property that he invested in.
  2. If the property is a self acquired property, the wife has no provisions available to approach a court to make a claim in the  property.
  3. If the property is solely his, he does not need to seek your consent to sell. If the property is is aquired from joint funds, you can stop him legally from disposing it off.

S J Mathew
Advocate, Mumbai
3602 Answers
175 Consultations

1. If it were to be your husband's self acquired property which he sold and bought another one, then it's within his legal right to have done so. This answer is given assuming that the property is in India.

2.  Even if you go to Court to claim the property, your efforts may be futile, as anyone can sell his self acquired property to anyone, during his lifetime.

3.  If it were to be your husband's self acquired property, he can sell the property without your consent. 

4.  You can find out the details of the property by applying for Encumbrance Certificate from the jurisdictional Sub-Registrar's Office.

 

Shashidhar S. Sastry
Advocate, Bangalore
5463 Answers
330 Consultations

Dear Ma'am,

1. if, the property was joint property, then you can file a suit for claiming your share of the money from the sale proceeds of the property.

Thank you

 

Anik Miu
Advocate, Bangalore
10425 Answers
121 Consultations

If the money from which  the property was purchased belongs to him then you cannot claim any share. 

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Your husband has bought the property out of his own funds, thus he becomes the absolute owner of the proeprty he purchased on his name.

In this property, even if you know the details, you cannot claim any share in it as a right at least not during his lifetime.

Since it being his own and absolute property on the basis of clear and marketable title to his name, he can very well sell the property s per his own will and wish and to anyone of his choice, you neither can object this nor you may claim that he has to take your permission for doing this act.

Any legal action that you may propose to initiate in this regard may not be maintainable.

T Kalaiselvan
Advocate, Vellore
87810 Answers
2365 Consultations

1. You have no share in his property.

2. If he is the absolute owner of the property in question then he is free to sell it without your consent, but if the said property is your matrimonial home where you are residing then you can seek injunction under DV Act on the ground that the sale will defeat your right to residence.

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

- During the life time of husband , you cannot claim any right over the husband property legally. 

- However , you can claim alimony/maintenance and residential right from him. 

- Further , if the property is in joint name , then he cannot sell without getting your consent , otherwise no consent needed for selling his self acquired property. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

the property which he sold was in the joint names of your husband and yourself?

the question is so vague!

you need to give proper background and relevant facts so that a better reply can be given 

Yusuf Rampurawala
Advocate, Mumbai
7767 Answers
79 Consultations

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