My answers are as follows:
1. The house is on Home loan on me and my wife name from Hdfc, hence original papers are with bank and photocopies with me. Loan will over in 2024 only. Can I get the house in my name, how can my wife surrender or gift me house with home loan going on.
Ans: As on today neither of you are owners of the house as such question of executing gift deed does not arise. You may entire into Memorandum of Understanding and your wife must convince the bankers to withdraw from home loan.
2. Will bank remove my wife name from Home loan.
I cannot pay entire due amount instantly and want house to be transferred to my name with home loan going on as till date. Till date all emis are paid by me only and my bank account is mapped for ecs
Ans: Get some other surety/security as may advised by bankers and continue to pay EMI’s by yourself thus exclude joint ownership of your wife.
Finally you may give cash before the Court and Court will record the same in its order sheet which will be a strong evidence for you in future. It is better to proceed for divorce by paying 10 lakhs or else your wife may increase it to 20 lakhs.