Can a person promote the property of his spouse with out her consent?

Can a person who has bought a plot of land in his spouse’s identify promote it with out her consent?

—Ravi

The common rule is an individual can’t bequeath a property, movable or immovable which isn’t his personal. In this case, the person can’t bequeath any property which isn’t owned by him although the financial consideration is paid by him. It is just the spouse, as an proprietor, who can take care of her property within the method she deems match.

Therefore, any switch or dealing of the topic property by the husband throughout his lifetime with any third celebration is not going to entitle the third celebration to any rights or curiosity within the property if the dealing is finished with out the data of the spouse. Similarly, within the case, even when the husband bequeaths the property owned by his spouse to a named beneficiary, such a beneficiary or the bequest of the property underneath the desire of the husband will probably be void.

Considering the significance of safeguarding the possession rights to a property, what’s the potential for including a nominee to the builder-buyer’s settlement?

— Name withheld on request

Ideally, any settlement, together with a builder-buyer settlement, may have the names of all events involved and, the place the allottee or purchaser’s identify is offered, it’ll enable the allottee to incorporate his heirs, executors and directors.

In case of the premature demise of the allottee, his heirs are entitled to assert his rights, title and curiosity from the builder underneath the mentioned settlement.

There is not any embargo in expressly recording nomination by means of a separate clause within the settlement nominating your heirs in case of any unexpected occasion. However, the nominee will probably be non permanent, as all of the heirs are entitled to the belongings of the allottee who dies with out making his will.

Aradhana Bhansali is accomplice, Rajani Associates

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Updated: 03 Oct 2023, 11:02 PM IST