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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
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Experience:  English solicitor with over 12 years experience
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I am a Japanese attorney at law in Tokyo. My question, concerning

Resolved Question:

I am a Japanese attorney at law in Tokyo. My question, concerning a case I am presently dealing with, is as follows:
(Case)
A Myanmar female, who had been previously a wife of a Japanese male, sold a building in Yangon in 2011 without her Japanese husband's consent, which had been purchased at her husband's expense in 2007. The buliding had belonged to the Myanmar female because in Myanmar a foreigner can/could not be an owner of an immoveable property under a Myanmar law (The Transfer of Immoveable Property Restriction Law). Another Myanmar law (The Transfer of Property Act) provides restraint on alienation, i.e. restraint on a condition or limitation restraining the transferee from transferring the property.
(Question)
The Japanese male, the plaintiff, argues that there had been an implied consent prohibiting his wife from selling the building.
However, as an attorney of the female, the defendant, I am of the opinion that such limitation should be void according to the concept of restraint on alienation.
Is my opinion wrong? I wish I had a lot of opinions from excellent lawyers in UK.
Submitted: 2 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
I am an English Solicitor and although I cannot give an opinion on Myanmar law, I am inclined to agree with you that you client was free to sell the property which was in her name and her Japanese husband could not limit her right to sell the property under the two Myanmar statutes that you have referred to.
The Japanese husband would in any event need to file any proceedings in Myanmar, not Japan as the case is involving real estate in Myanmar.
May I help further?
UKSolicitorJA and other Property Law Specialists are ready to help you
Expert:  UKSolicitorJA replied 2 years ago.
I would add that under English law, if a person contributed to the purchase price of a property and this person's name was not on the title deeds of the property, a resulting trust arose in favour of this person such that the person may make a claim against the registered owner for proceeds of sale of the property, so your client may have a claim against her from her ex husband under the same principle.
I would suggest that you consult a local Myanmar lawyer if any such claim is made by your client's ex husband.
Hope this helps

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