Property to register individually
One of my friend is looking for your help. Please do the needful
Sir, I had purchased a flat in 2012 investing all my savings and done the agreement in individual name and also loan got sanctioned on my Salary, collected all necessary document, has my husband was a defaulter and his name in CIBIL , he was not able to get any loan, that’s the reason, Bankers had told me they will take him as a co-applicant. Once loan was sanctioned and during Registration of the property. My Husband Joined his name for registration and became a join owner of property without my knowledge, and later on I got to know he was treated as a joint applicant in the bank as well but he had left me, going behind other girl and want to divorce. Till date all the EMI of Housing Loan was taken from my individual account. Now also I am ready to pay all EMI’s but I want the property to get registration individually.
HELP me and guide me on this issue pls….
Asked 2 years ago in Property Law from Bangalore, Karnataka
You can file for divorce at any time.
Who had paid the purchase price of this property? Do you have the receipts in your individual name? Has the sale deed been made and the record of rights updated? If the property has already been registered jointly in the name of your and your husband then you can file a law suit for recognition of your right as the sole owner of the flat.
if your agreement is in your individual name how was registration done in joint names . ? please clarify
if your husband is joint owner of property then he has to execute gift deed in your favour or deed of relinquishment to transfer property in your name .
Hi, from the perusal of your case, even though loan was availed in your name and your husband has only a co-applicant and unfortunately joint registration was made and here i do not know whether you have applied for divorce or not, when it is before the court pls mention that the matter may referred to mediation and then you to approach your husband release your right in the property or make request to gift the 1/2 share to your property and then you will ready to give divorce or other wise matter will go on this the way of strategy adopt in the court or else it is very difficulty to get the property.
I suggest you to sort out the issue with your husband either about living together or separation before approaching the court.
If you both decide to part ways by way of mutual contested divorce, you can demand him to relinquish his right over the property jointly owned by you both in favor of you among other demands if any.
If he refuses to do so and contests your claim, you file restitution of Conjugal right Petition and seek for residential right over that property. Then he wont be able to get possession of the property and also divorce. This would put both of you in to trouble.
Try for middle path, reconcile your differences with the help of elders or an advocate and close the issue amicably.
Feel free to contact for further advice on the issue.