• Transfer of property

Sir, We have purchased a flat in Oct 2009 and registered in both the names (myself and husband). But the total loan amount is been paid only by me since 4 years out of total tenure of 20 years. He has put in some money for interiors which may come up to max 5 lakhs. And this is taken from some of his friends and relatives, for which there is no documentation.

As we are not in good terms since the day of marriage (14 years) and now in the state of mutual separation, is there any chance of registering the property only in my name? I need to be safe at home with my 13 year old daughter. He is a sort of person acting violently some time. How do i handle him in such situation? Please advise.
Asked 3 years ago in Property Law from Bangalore, Karnataka
your husband is joint owner of flat . he has 50%share in said flat . if you are not in good terms with your husband opt for divorce by mutual consent . in consent terms your husband can bequeath his 50%share in flat to you . gift deed can be executed for husband 50%share of  flat in your name . 

even if you dont want divorce husband can execute gift deed/ relinquishment deed in your favour . 

if husband is acting violently and threatens you then you can obtain protection order from court . file Dv case against your husband
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
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1, In view of the fact that the flat has been registered jointly in the name of you and your husband both of you are equal owners thereof. As such, none of you can claim to be the sole owner of this flat. He has a fixed share of 50% in the flat. 

2. Is your husband willing to go mutual divorce? If yes, then in the deed of settlement you can incorporate a clause wherein your husband may relinquish his share in the flat in your favour. Later on a gift deed may be made by him to give effect to such a settlement. 

3. If he acts violently then file a police complaint against him and obtain protection from the court under Domestic Violence Act.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
no  you are not the sole owner of flat . as per agreement   for purchase of flat both are joint owners of flat . the fact that you are only repaying loan is immaterial
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
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No you cannot be the sole owner notwithstanding the fact that he has not paid a single penny. Law pays no regard to such indoor issues.
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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since the document reflects your name and your husbands' name, both of you are absolute owners of the property. however, on mutual consent from both of you, if your husband agrees to execute relinquishment/release deed in your favour giving up his rights over the property, then you will be the absolute owner of the property.
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
Violence is not acceptable but reason has to be there which has to be found after all he belongs to you and does he have any other option in his mind for remarrying. Don't feel unsafe in your house ,though he is joint owner.Think of your daughter future and try to adjust to some extent after all marriage is a adjustment of two captures.
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
4.3 on 5.0
First convince him to agree for mutually consented divorce. Take help of elders or an Advocate. If he agrees to relinquish the 50% right over the property, the matter can be settled with in 7 to 8 months. 

If he refuses to relinquish the right over the property and asserts his right, file divorce petition and seek residential right over the property. he wont be able to dispossess you and your kid from the property.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0

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