• Transfer of documents

I purchased a flat in 2010 by submitting both (I and husband's ) our papers to the bank, only for the purpose of getting the loan amount (as only my salary will not fetch the required amount). And the total EMI is paid only by me since 4 years (Total term 20 years). There is no help from my husband. As we are not in good terms since the day of our marriage, he threatens me telling that, he will withdraw his submitted papers, to make myself and my 13 year old daughter on streets. Q (1) Is this can be done? Q (2) If this is done, will there be any major issue for me to stay in the house? Q (3) Can i change all the documents in my name (1st owner) before even completing the total tenure? Pls suggest.
Asked 3 years ago in Property Law from Bangalore, Karnataka

Thank you for posting your query.

From the above description it appears that the loan was taken by submitting the financial documents (salary slips, income tax returns etc) of both you and your husband. Thereafter the loan must have been released on the joint name of both the parties. This is done since the salary of one person is not sufficient to get the requisite loan amount. 

Since the Loan is on Joint name, the liability will exist till the time even a penny of loan exists. So your husband can't just take the documents out and shift the loan burden on you. This being a joint loan, both the parties are responsible for repayment and it is not open for one party to walk out on the debt. So unless the entire debt is clear, neither party can shy away from the liability.

Secondly you did not mention as to in whose name the flat is registered. Generally in case of joint loans, the property is registered jointly in the name of both the parties. So this flat of yours also must be a joint property. In that case also your husband can't kick you out of the House.

Moreover, even if the flat is in the name of your husband, then also as per the laws of India you have a right to stay in the house. In fact you can restrain your husband from entering into a specified portion of the property under the provisions of Protection of Women from Domestic Violence Act, 2005.

Further you may apply to the bank to transfer the loan from a joint to to your individual account. You need to show your credit worthiness to the bank in order to do so. And this depends on the bank.

Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
5.0 on 5.0
Apart from Mr. Bora has advised, and depending on whose name the flat is registered, you should apply to bank for transfer of loan in your name since as you say you have been paying the EMIs.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations
3.8 on 5.0

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