• Legal rights of co-applicant

I and my husband brought a flat in hyderabad in 2009. we have taken 28 lakhs loan and rest 2 lakhs i have paid and for registration  i have paid 1 lakh.  EMI is scheduled to pay from my husband account. Initally we planned to pay the EMI 50% -50% each. from 2011, my husband alone is paying the EMI. In 2012 , I gave 8 lakhs in total to clear the loan partially. Now due to personal disputes , my husband is saying - Iam only the co-applicant of the flat, and doesnot own the flat and as EMI is being paid by him he owns the flat and I have to move out of the house. The flat is registered in both names, and the sale deed shows that both me and my husband are Vendees/purchasers for the property.But any where not mentioned % of property against each name . Please advice on this and how we can resolve this issue of property.
Asked 1 year ago in Property Law from hyderabad, Andhra Pradesh
Religion: Hindu
1) you are co owner of flat and entitled to 50%share in flat . 

2) as per sale deed both are purchasers of flat 

3) further you have paid around Rs 11 lakhs till date on flat till date 

4) merely because husband is paying EMI does not make absolute owner of flat 

5) refuse to vacate the flat 

6) if your husband goes to court he wont be granted any reliefs by court 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
1) as far as court is concerned court will consider the sale deed wherein flat is purchased in joint names . 

2) further court will consider  Rs 11 lakhs paid by you 

3) your husband cannot  sell the flat or create  any third party rights without your consent 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
HI, as per the law both are the absolute owner of the property so in case of any one want to release their right they have to release their right in favour of other.

2. The court will not consider all these things at the time of granting divorce it is better you can settled the dispute amicably to whom the property will go.

3. In whose possession the property was there if you are in possession of the property then don't bother much and you will enjoy the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. You being the co-owner of the flat own 50% share of it,

2. You are its joint owner even if he pays 100% of the consideration,

3. To claim that he is the only owner of the flat since he has paid 100% of the consideraion, he has to avail a declaration from a civil court after filinga declaratory suit where you will get the scope to oppose his such claim. 
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. Yes, the Court will surely conseder the amount you have paid,

2. You can also claim that you have paid for the household expenses from a particular date and he paid the EMIs as mutually agreed for convenience,

3. It will be difficult for him to get the said declaration in his favour.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Hello,
1) If the property is registered on your joint names you are 50% shareholder in the property and your husband has no right to drive you away from the house.

2) As co applicants you both are equally liable to the bank for the repayment of the loan. Either of you paying more or less will not affect the ownership rights which is equal.

3) In case of separation ask him to pay you 50% or buy it over at the current rate. You can also jointly sell and share the proceeds.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13908 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2706 Answers
41 Consultations
4.9 on 5.0
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0