You have to repay loan taken from bank
2) you need wife consent to sell house . In case of sale transfer charges hav e to be paid to society
Which is Rs 25000. Stamp duty and registration charges have to be paid on sale deed
Hello All,I have purchased a house post marriage and my wife is a joint holder only on paper the EMI's are been paid by me till date,our divorce case is on since five years where she has filed restitution and I have filed for Divorce,I have been staying separate with my parents in a different location from the time I have submitted the Petition and in this duration I have continued paying the EMI . I had plead for the sell out of house and distribute in equal share considering that the EMI is paid by me since 2005 now the judge is saying that the divorce case will run in Bandra court however the property sharing matter can be fought in Thane court as the address is of Mira road,my wife is a earning member with no children,also I heard that I have to pay some charges before sale of flat can you let me know how much are the charges also incase if a person does not have enough funds to deposit for same and what is time duration this will take to resolve please help Thank you
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You have to repay loan taken from bank
2) you need wife consent to sell house . In case of sale transfer charges hav e to be paid to society
Which is Rs 25000. Stamp duty and registration charges have to be paid on sale deed
This is my response to you:
1. If you have mutually agreed to sell the flat then why should you file charges?
2. If the court commissioner is being appointed for the sale of your property, is it his charges?
3. The court will inform you the charges to be paid;
4. The charges will be minimum;
5. If less time is given then you can request the court for filing the charges.
See if you have paid all the emi and made all the payment in that case you can file a declaration suit against your wife declaring that you are complete owner as you have paid total amount wife is just the dummy owner,
Before institution suit you have to pay court fee according to the valuation of the suit further before sell no charges are to be paid by you.
1. if all the EMIs are paid by you and you still continue to be paying the EMIs, then you become the absolute owner of the flat
2. you need not give any share to your wife nor can your wife claim any share on the basis that she is a joint holder
3. the flat was bought not for her benefit so she cannot claim share in it
hello,
the sale of the flat can be effected after paying dues, like house water tax, etc, loans on it and some tax which has to be calculated based upon the location of your house, etc. a local property tax lawyer can tell you the specifics of the tax. it is not much.
regards
1. Since her name s reflected in the title deed she is its half share holder and in the sale proceeds you will have share half of it.
2. Now to sell this property you need to make a sale deed in the local registration office where presence of both of you is required.
3. The stamp duty, registration fees and professional fees of the advocate varies. So consult with a local advocate and confirm it.
If all the EMI is paid by you and you have proof of same file a suit for declaration to declare you as owner of the property. You need to pay court fees as applicable in that state.
And if you are selling the property you need not pay any charges the purchaser will pay the stamp duty.
Secondly if you both have agreed to share sale proceeds there is no need to file any suit.
Hi
1) Family court handles divorce matters whereas property disputes come under civil courts having jurisdiction (location and pecuniary). Only in case of mutual consent, family court, at the request of parties, issues orders on property matters also.
2) So in case you are opting to fight the property sharing matter, you should approach the civil courts only.
3) It appears that you are asking about court fees payable for fighting property sharing matter. Court fees in general is about 2% of property value. Please ask your mumbai lawyer on court fees as court fees varies from state to state. If you are unable to pay the court fees at the time of filing, the courts can refer your case to District legal services authority and subject to approval by DLSA, the courts may grant you permission to pay the court fees at the time of decree. Exemption from payment of court fees is available only if the person does not have any means of payment of court fees on the grounds of either Below poverty Line/ Senior Citizens/ SC/ST etc.
4) In case you are selling you the property(you will need your wife consent), the buyer(NOT THE SELLER) has to pay the following
a) Transfer fees to Housing cooperative society(Rs25000)/-
b) Registration (1%), stamp duty (5%) of sale consideration.
Hope this information is useful.
Stop paying EMI
Or file an application before the court that when we both are the owner of that property and she is claiming the 50% share then why will I pay the whole EMI amount.
Directed to her to pay half of the EMI till the final disposal of the cases.
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