BackCan a man sell the property of his wife without her consent?
In case of the untimely demise of the allottee, his heirs are entitled to claim his rights, title and interest from the builder under the said agreement
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Can a man who has purchased a plot of land in his wife’s name sell it without her consent?
—Ravi
The general rule is a person cannot bequeath a property, movable or immovable which is not his own. In this case, the man cannot bequeath any property which is not owned by him though the monetary consideration is paid by him. It is only the wife, as an owner, who can deal with her property in the manner she deems fit.
Therefore, any transfer or dealing of the subject property by the husband during his lifetime with any third party will not entitle the third party to any rights or interest in the property if the dealing is done without the knowledge of the wife. Similarly, in the case, even if the husband bequeaths the property owned by his wife to a named beneficiary, such a beneficiary or the bequest of the property under the will of the husband will be void.
Considering the importance of safeguarding the ownership rights to a property, what is the possibility of adding a nominee to the builder-buyer’s agreement?
— Name withheld on request
Ideally, any agreement, including a builder-buyer agreement, will have the names of all parties concerned and, where the allottee or purchaser’s name is provided, it will allow the allottee to include his heirs, executors and administrators.
In case of the untimely demise of the allottee, his heirs are entitled to claim his rights, title and interest from the builder under the said agreement.
There is no embargo in expressly recording nomination by way of a separate clause in the agreement nominating your heirs in case of any unforeseen event. However, the nominee will be temporary, as all the heirs are entitled to the assets of the allottee who dies without making his will.
Aradhana Bhansali is partner, Rajani Associates
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