Can a wife sell her property without asking her husband? Learn the big decision of the High Court

Property prices are also touching the sky like gold nowadays. Nevertheless, people are showing great interest in buying and selling land and property. But there are many rules and regulations to buy and sell property, about which very few people are fully aware.


A big question that often comes to the mind of people, is it that a wife can sell a property without her husband's consent? The answer to this question has recently been received by an important decision of the Calcutta High Court. Let us know in detail about this decision.


What did the Calcutta High Court say?


The Calcutta High Court, while hearing a case, has made it clear that If a property is registered in the name of the wife, she is free to sell her and does not need to seek her husband's permission for this. The Division Bench of the High Court also overturned the old order of the trial court in the case.


A bench of Justice Harish Tandon and Justice Prasenjit Biswas while hearing a woman's petition said that Wife cannot be understood as Property Rights. Nor should she be expected to take the husband's approval for every decision to her life, especially for her own property.


Important Comments of High Court:




  • Not 'cruelty': The bench said, “It seems that both husband and wife are educated and sensible. In such a situation, if the wife decides to sell her property that is in her name, and does not take the approval of the husband for this, then it cannot be considered 'cruelty' towards the husband.”




  • Need to change the mindset The court made a little strict comment, saying, “We have to change our gender non-equal thinking. Today's society does not accept men's supremacy over women in any case, nor is there anything in our constitution.”




  • Equal right: The court further said, “If the husband can sell any of his own property without his wife's consent or opinion, the wife can also sell his property, which is in his name, without the husband's approval (Husband's Approval).”




What did the High Court say on the decision of the lower court?


The High Court also questioned the decision of the lower court (trial court), which gave a verdict in favor of the husband. The trial court said in 2014 that the husband had given the money to buy the property, because the wife had no earnings at that time, so the wife is 'cruelty' to sell the property without asking.


To this, the High Court Decision said, “Even if the husband was accepted right for a moment (that the husband had given the money), the truth is that the property is registered in the name of the wife. Therefore, the ownership rights is the same.”


The post can the wife sell her property without asking her husband? Know the big decision of the High Court first appeared on News India Live | Breaking India News, The Indian Headline, India Express News, Fast India News.


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