Husband Wife Property Rights: A question related to the purchase and sale of property is whether a husband can sell the property taken in the name of his wife without her consent.
If the man to whom the woman is married has any property purchased by him, will the wife have rights over it?
Husband Wife Property Rights : Every day new cases of property disputes come up in the courts of the country. You must have often read about disputes in land purchase and sale in the news. A question related to the purchase and sale of property is whether a husband can sell the property taken in the name of his wife without her consent. There is a lot of confusion in people’s minds about this. Let’s find out the answer to this question.
Moveable or immoveable property
Generally, the rule is that no person can sell any movable or immovable property which is not in his name. Now if we look at the case of husband and wife, the husband can sell the property taken in the name of his wife only if the wife allows. Even if the money to buy the property was paid by the husband. As an owner, only the wife can deal with her property in the manner she deems fit.
Wife’s rights
If the man to whom the woman is married has any property purchased by himself, then the wife cannot have rights over it. The rules are clear about this. He can sell his property or write a will. He has the rights over it. On the other hand, if the husband buys a property in the name of his wife, then in such a case the wife will have the right to save it or do anything. The husband cannot sell the property purchased in the name of his wife with his own money without the consent of the wife.
Bequest of property
If a person dies without writing a will for his self-acquired property, then that property goes to his mother and widowed wife. But this is possible only when the person has not given the right to his property to anyone in the will. If the person gives the right to the property to someone else in his will, then all the rights will go to the person whose name is written in the will.
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