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there is a residential property jointly owned by Husband and wife.


28-Sep-2026 (In Property Law)
IF there is seperation between and wife then how the property decision will be taken. What if husband wants to sell the property and wife wants to rent out
Answers (3)

Answer #1
804 votes
If the property is jointly owned by the husband and wife, neither can unilaterally sell or otherwise deal with the entire property; both owners’ consent is generally required. If they disagree one wants to sell and the other wants to rent it out the matter may need to be resolved mutually or through appropriate legal proceedings, depending on the ownership documents.
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Answer #2
880 votes
There are solution.. and by separation do you mean judicial separation or a divorce, because if it’s a divorce then there’ll be consent terms I’m guessing you don’t really need help you just have a question you need answered.
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Advocate Parth S Barot

Adv. Parth S Barot

LawRato Mumbai | 5+ Answers
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Answer #3
721 votes
The husband has 50% right in the flat so he has to be paid for the consideration amount in this scenario while the wife wants to rent out so ideally an agreement can be executed wherein the wife will have to pay the rightful consideration to the husband and thereafter the husband has to release his right in the flat so the wife can become 100% owner in the flat.
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Advocate Juned Khan

Adv. Juned Khan

LawRatoVasaiVirar | 5+ Answers
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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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