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can husband nullify the transfer if wife refuses to sign in 2nd motion
28-Oct-2023 (In Family Law)
In a divorce by mutual, where even wife is in Government service, the husband agrees to give/transfer a house in his name, the market value of which is nearly Rs. 70 lakhs to wife, as per law relating to transfer of property, for such divorce. Subject to the condition that (1) wife signs the divorce deed in court also and (2) to pay the husband Rs. 30 lakhs in two installments of Rs. 15 lakhs each. Wife pays Rs. 15 lakhs and signs the divorce petition. At the time of payment of 2nd installment of Rs. 15, if wife denys to pay the same. Whether the husband has right to nullify house transfer.
If the terms and conditions you mentioned are given in writing by the husband and wife and signed by both of them in court, and if any one of you denies any clause later on then such person shall be subjected to contempt of court.
The wife in your case cannot therefore just deny paying the Rs. 15 Lakhs. And the court has to take action against her. In such a situation the husband shall also abstain from making the transfer only after informing and bringing to the notice of the concerned court about the denial of the wife.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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