SPOUSAL CONSENT AND NO OBJECTION FOR SALE OF IMMOVABLE PROPERTY
A declaration and undertaking. This is not a sale deed and it transfers nothing.
To be executed on non-judicial stamp paper of the value prescribed in __________ and notarised.
This Consent and No Objection is made on __________ at __________.
GIVEN BY
IN FAVOUR OF
CONFIRMED BY
BACKGROUND
The Spouse now declares and undertakes as follows.
PART A — DECLARATIONS AND UNDERTAKINGS
Part A is to be read subject to Part B. Where a share is recorded in Part B, Part B prevails over anything in Part A that is inconsistent with it.
2. The Owner's title. To the best of my knowledge the Owner acquired and holds the Property as stated in Recital B. I am not aware of any defect in that title, of any earlier agreement to sell the Property to any other person, or of any claim by anyone else to the Property.
3. I have no interest in the Property. Except for the share, if any, recorded in Part B of this Consent, all of the following are true: I have no right, title, interest, share, claim, lien or charge of any kind in the Property, whether legal or beneficial, whether present or contingent; I am not a co-owner; I am not a co-allottee; I am not a benamidar and I hold no beneficial interest through anyone else; and my name does not appear, and I do not claim that it should appear, in the title deeds, the mutation record, the society records or the municipal record of the Property.
4. I did not pay for it. Except for the share, if any, recorded in Part B of this Consent, I did not contribute any part of the purchase price of the Property, or of the stamp duty, registration charges, brokerage, cost of construction, renovation or improvement, or of any loan instalment paid on it. If any money of mine did go into the Property at any time, I gave it to the Owner as a gift with no expectation of return, and I will not claim that money back, and I will not use it as the basis for claiming any share in the Property or in its sale proceeds.
5. No trust or side understanding. Except for the share, if any, recorded in Part B of this Consent, there is no agreement, arrangement, family settlement, trust, promise or understanding — written or oral, express or implied — under which the Owner holds the Property, or any part of it, for me or for my benefit.
6. I consent to the sale. I freely consent to the sale of the Property by the Owner to the Purchaser at the consideration stated in Recital C, or at such other consideration as the Owner and the Purchaser may finally agree. Except for the share, if any, recorded in Part B of this Consent — for which clause B4 governs who receives the price — I consent to the whole of the sale consideration being received by the Owner alone, and I confirm that I make no claim to any part of it.
7. No objection to registration or mutation. I have no objection to the execution and registration of the sale deed, to the Sub-Registrar registering it, to the Purchaser being put in kabza, to mutation of the Property into the Purchaser's name in the revenue, municipal or society records, or to the transfer of the electricity, water, gas and society membership records to the Purchaser. I will not file any objection, caveat or public notice against any of this, and I will not instruct anyone else to do so on my behalf.
9. Right of residence. I will not, at any time, claim any right of residence in the Property as against the Purchaser or anyone claiming under the Purchaser, whether under the Protection of Women from Domestic Violence Act 2005 or on any other basis, and I will not claim that the Property is a shared household in which I am entitled to remain. As at today, no proceeding, application or order under that Act relating to the Property is pending or subsisting in my favour, and I have not made and do not intend to make any such application.
10. No maintenance charge. I have no charge, lien or claim for maintenance over the Property or over its income. I have not given the Owner, the Purchaser or anyone else notice of any such claim, and I am not entitled to enforce any maintenance claim against the Property in the hands of the Purchaser under Section 39 of the Transfer of Property Act 1882 or otherwise. I will not seek to attach the Property, or to have the sale set aside, in any maintenance or matrimonial proceeding at any time in the future.
11. No proceedings and no restraint. There is no matrimonial, civil, criminal, revenue or other proceeding filed by me, or to my knowledge by anyone else, in which the Property is the subject matter or in which the sale of the Property is restrained. There is no injunction, status quo order, attachment or notice of lis pendens against the Property arising from any claim of mine.
12. This Consent is irrevocable. This Consent is given for consideration — the Purchaser proceeding with the purchase — and it is irrevocable. I will not withdraw, cancel, resile from or dispute it. It will remain fully effective even if a dispute, separation, judicial separation or divorce proceeding later arises between the Owner and me, and even if our marriage is dissolved.
16. What this Consent is, and what it is not. This clause states the limits of this document, and the parties agree to read the rest of it subject to this clause.
16.1 This Consent is a declaration of existing facts together with undertakings for the future. It is not a conveyance, a sale deed, a release deed, a relinquishment deed, a gift or a transfer of any kind, and nothing in it is to be read as one.
16.2 Nothing in this Consent transfers, releases, relinquishes or extinguishes any right, title or interest of mine in the Property. It cannot do so, because — except as recorded in Part B — I have none to transfer.
16.3 This Consent does not add to, improve or cure the Owner's title. The Purchaser must carry out its own title search and diligence and is not relying on this Consent for the Owner's title.
16.4 This Consent binds only me and those claiming through me. It does not bind, and does not affect the rights of, our children or any other person who is not a party to it.
16.5 Where I am a co-owner of the Property, whether by a recorded share or by operation of the marital property regime that governs our marriage, this Consent by itself does not pass my share to the Purchaser, it does not give up my right to the price of that share, and Part B below applies.
SCHEDULE — THE PROPERTY
VERIFICATION
SIGNATURES
THE SPOUSE
Signature: ______________________________
Left thumb impression:
(Affix recent passport photograph here and cross-sign so that part of the signature falls on the photograph.)
THE OWNER — confirming that the background facts and the declarations about the Property are correct
Signature: ______________________________
WITNESSES
- 1. Signature: ______________________________
- 2. Signature: ______________________________
NOTARY ATTESTATION
Attested before me at ____________________ on ____________________.
Signature and seal of Notary: ______________________________
Notary registration no.: ____________________
Notarial register serial no.: ____________________