Husband selling his property, whether signature or NOC of wife required?

Tilak Marg Forum for Legal Questions Forums Property Law Husband selling his property, whether signature or NOC of wife required?

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 8 months, 2 weeks ago.

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  • #3311

    Anonymous
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    I intend to buy a property from a person which is his self-acquired property. Do I have to obtain no-objection certificate NOC of his wife for sale of this property, or do I need to obtain his wife’s signature on the sale deed as her consent for sale of this property?

  • #3314

    If husband is the sole owner of the property, which is his self-acquired property, then legally speaking, there is no need for obtaining the no-objection certificate (NOC) or consent of the wife for the buyer who wants to buy such property from the husband. Husband, being the sole owner, has the full authority to sell his property, during his lifetime, as per his own wishes. This is presuming that there is no court stay order, etc., against sale of the property or against any other type of transfer of the property.

    In practice, it may perhaps be advisable to find out whether any case is pending in the family court for maintenance, divorce, etc., between the husband and wife and whether there is any stay order, etc., against transfer of such property. In fact, it may be advisable to ascertain whether any other court case is pending in respect of the property and whether there is any interim stay order, etc. against transfer of such property. It may also be advisable to ascertain whether the property is mortgaged or some loan etc. has been taken against such property as a security.

    Subject to the above, a person who is the sole owner of a property can sell his self-acquired property without taking consent from any family members, including wife.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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