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Can husband be a 2nd party in a sale deed which is in his wife's name


03-Nov-2023 (In Property Law)

recently i have purchased 1 site in hassan. that property owner was single when she purchased the site. but now she is married and she have 1 daughter aged 15.5 yrs. but in sale deed we are showing that property owner is she but 2nd party is her husband. also we did not mention about her daughter anywhere since she is minor. so i have two questions. 1. since we are showing her husband as 2nd party for this property is there any problem. y this question bcz her husband told this sale deed is not at all correct bcz i am not at all owner for this site. 2. her daughter can claim once she major

Answers (1)

Answer #1
376 votes

If the property was in the name of the Wife, then how could husband be the 2nd party. The sale deed can be executed only by the owner of the property.

If the husband is the owner, then he can become the second party otherwise, he has no right to execute the sale deed unless he was given Power of Attorney.

Furthermore, if the property was sold by the owner during her lifetime, then under no circumstances the daugther can claim the right over the property.

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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