Husband wants to donate residence without wife’s concent. Is it possible?

[Bravekanak6796]

B

Bravekanak6796
PARTICIPANT
March 27, 2025 at 9:00 pm

There is a case that 62yrs old husband wants to donate his lands and the residence (where he live with his wife, she is a homemaker and two sons) to an orphanage without wife’s concent. Is it possible to do so?

Provided that the land where the house is it’s in the name of the husband and it’s not an ancestral property. He is also forcing the wife to sign in a concent letter regarding the donation that she has no objection in it.

Is it possible to donate without wife’s concent?

Share

[Silentfalcon7023]

S

Silentfalcon7023
PARTICIPANT
March 27, 2025 at 9:10 pm

If the husband is the sole owner of the property and all legal documents are in his name then yes, he can sell or donate it to someone without requiring any no objection declaration from the wife or his kids.

Share

[Bravekanak6796]

B

Bravekanak6796
OP
March 28, 2025 at 6:19 am

Okay… If that happens, then who will take the responsibility of the wife and kids.

Share

[Silentfalcon7023]

S

Silentfalcon7023
PARTICIPANT
March 28, 2025 at 6:24 am

The husband is legally obliged to take care of wife and kids BUT selling of a personal property does not imply that the husband is not able to divulge his duties. Having a residential property is not mandatory and doesn’t equate to “taken care of”. The law is often devoid of emotions. Please talk to a local lawyer.

Share

[Bravekanak6796]

B

Bravekanak6796
OP
March 28, 2025 at 8:43 am

Thank you for your input. I’ll talk to a lawyer.

Share

[Urbanfox4601]

U

Urbanfox4601
PARTICIPANT
March 27, 2025 at 9:48 pm

NAL. If the wife is homemaker an is dependent on her husband for living expenses and shelter, she can go to court and get a stay on donation.

She should refrain from providing NOC meanwhile.

Share

[Bravekanak6796]

B

Bravekanak6796
OP
March 28, 2025 at 6:18 am

Okay!

Share

[Cleversajal8453]

C

Cleversajal8453
PARTICIPANT
March 28, 2025 at 2:09 am

Technically, all assets would be jointly owned by the husband and wife (depends a lot on your personal law i.e. religion).
Better to consult a local lawyer and see your options.

Share

[Bravekanak6796]

B

Bravekanak6796
OP
March 28, 2025 at 6:20 am

Its a Hindu family.

Share

[Cleversajal8453]

C

Cleversajal8453
PARTICIPANT
March 28, 2025 at 1:33 pm

Wife would have a share in the husband’s self -acquired property, bit too claim it she will have to file a case against him.

Share

[Megaprashant4593]

M

Megaprashant4593
PARTICIPANT
March 28, 2025 at 9:11 am

Yes he can. He does not even need the no objection certificate.

Share

[Author]

Posts