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Can husband sell property in which wife is nominee without asking her


04-Aug-2023 (In Divorce Law)
My brother is going through divorce and he has bought a flat in his name and paid all EMI's but has added his wife's name as nominee. Now they are planning to divorce so wanted to know that can brother sell the house without the permission of wife?
Answers (3)

Answer #1
609 votes
Hi
He can sell that property. Being nominee does not create any obstruction on alienation of property ID it is self acquired one.
But, his wife may obstruct such sale etc. By claiming residential rights through court.
Contact for detailed discussions.

Answer #2
967 votes
Yes ofcourse, he has liberty to do so, it is his personal property. Husband has purchased the flat why he should seek permission from wife who has not paid single penny from her pocket. Nominee does not have any right to interfere.
Answer #3
651 votes
Yes he can sell it.

The name on sale deed of property and title on the records ( Index 2 for flat and 7/12 extract for land) makes person eligible for sale of such property. and after or before divorce he can change the name nominee of his property

Fell free to call for legal service in pune and nearby areas.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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