• Legal remedy when husband refuses to bear 50% cost of EMI when flat is purchased jointly.

My daughter was married to an electronic engineer residing in Chandannagar about 11 years ago in December, 2007. My son-in-law stays at Delhi as his present posting is in NOIDA, U.P. My daughter used to stay with him till 2 years ago, when she secured an employment as Probationary Officer at a nationalised Bank in Kolkata, where she joined duty in July, 2016. Since then my daughter has been staying with me along with her eight years old daughter, who is now studying in a school situated near my residence in Bhadreswar, Hooghly. 
2	Sometimes in the year 2017 my daughter and son-in-law decided to purchase a flat in Hooghly district at the cost of around Rs. 33 lacs jointly, my daughter being 1st. owner and my son-in-law being 2nd. Owner, for which ‘Agreement for sale’ dated 23.12.2017 was entered into by my daughter as 1st. buyer and my son-in-law as 2nd. buyer with the seller and developer of the flat. They also jointly obtained housing loan of Rs. 25,00,000/- from the Bank, where my daughter is working, my daughter being 1st.applicant and my son-in-law being 2nd. Applicant. The loan was sanctioned in December, 2017 and a joint Loan A/C was opened at Kolkata Branch of the Bank. So far, Rs. 24,50,000/- has been paid to the Developer of the flat and rest amount of Rs. 8,50,000/- will have to be paid to them soon as last instalment as per agreement. So far as repayment of housing loan is concerned, EMI is required to be paid @ Rs. 21,988/- per month at the end of each month starting from 30.04.18. So far, 5 (five) instalments amounting to Rs. 1,09,940/- in all have already been paid. Needless to say, the flat has not yet been registered.
3	The marital relationship between my son-in-law and my daughter has been constrained since the beginning of the year 2018, i.e. after 10 years of marriage, due to some baseless and false allegation brought by my son-in-law against my daughter. As the relation soured, my son-in-law did not remit any fund to his wife towards repayment of housing loan. Under the circumstances, it has become very difficult for my daughter to pay EMI alone as most part of her salary is exhausted by repaying housing loan which they took jointly as mentioned earlier. Incidentally, the total amount of five instalments of EMI so far i.e. Rs. 1,09,940/- has been paid by my daughter alone without any financial help from her husband. My son-in-law is refusing to remit money for repayment of housing loan and at the same time not agreeable to relinquish his 50% share of ownership in favour of my daughter. As a joint applicant of the housing loan he has equal responsibility along with my daughter to repay the loan and cannot evade his liability by making his wife to pay the full EMI months after months. 
4	Under the circumstances it may please be advised what legal remedy is available to my daughter to make her husband either relinquish his 50% share of ownership of the flat or pay money towards payment of EMI,without filing divorce petition.
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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12 Answers

Hi,

You may send a legal notice for completing his liabilities otherwise remove his name from the ownership of property would be removed observing all due care and process.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

your daughter should file for divorce on grounds of mental cruelty

2) seek court orders to direct husband to pay 50 per cent share of EMi as flat is in joint names

3) seek sole custody of daughter , maintenance

4) case would be referred to mediation

5) if husband agrees to pay his share of EMI then your daughter can with draw divorce petition

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Being co-borrowers, the liability of this home loan is to be borne equally in between you daughter and son-in-law.

Your daughter must send a legal notice to her husband calling upon him to contribute equally towards payment of installments against the above home loan.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

Mere purchasing in joint ownership dose not make him absolute owner of 50% holding. Actual contributor is real owner. Apply bank to convert the housing loan into single borrowing in the name of daughter and at the time registration of sale deed, execute it in the name of daughter only. Agreement to sale dose not confer transfer of ownership but through registered sale deed.

Issue notice to husband , since he is not contributing in EMI`s payment, sale agreement collapse up to his part.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear,

First of all this is not registered yet so nobody is a sole owner of this property.

So when you registered this, register in daughter's name only.

Send legal notice to husband for half share.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1) At the time of the purchasing flat the loan has been applied by both the applicant and both husband and wife income may had considered at the time sanctioning home loan. So as bank to get signed mandate by husband bank where is salary gets transferred and ask bank to transfer 50% emi from.gis salary account.

2) Or you can ask in court to transfer property 50% share on your daughter's name. Plus monthly alimony and maintenance to her daughter as well.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello,

A petition of maintenance can be filed wherein the said amount may be claimed from the husband. The daughter will have to approach the court under this provision in order to obtain money from the husband.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. divorce is a separate issue

2. its better its not mixed with the contractual liability of repaying the loan

3. your daughter can continue to pay the EMIs of her husband's share so that there is no default and the bank does not take any evasive action for non payment

4. issue a legal notice to husband apprising of his contractual liability towards the bank of repaying 50% loan as co-applicant and co-owner of the flat

5. claim interest on the amounts pertaining to your son-in-law share in home loan

6. if no response then a suit will have to be filed for recovery

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Your daughter can file suit for recovery of the amount of share of her husband paid by your daughter.

Dalip Singh
Advocate, New Delhi
1039 Answers
36 Consultations

5.0 on 5.0

You can file a money suit to recover the outstanding EMI amount which is not paid by the husband.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. It is a very dicey situation for your daughter.

2. She can not compel her husband to remit money towards payment of EMIs or repayment of loan.

3. She can either stop repaying the loan for which the loan account will become NPA and the lending bank will initiate SARFAESI proceeding to take physical possession of the said flat for selling the same to recover its dues and after the dues are recovered the bank will return the excess amount, if any, equally to both the loan applicants.

4. Alternatively, your daughter can arrange to pay the entire amount and then file a declaratory suit praying for a declaration that your daughter is the sole owner of the said flat since she has paid the entire amount directing the developer to register the said flat in her name.

5. This is a very common problem faced in matrimonial disputes wherein properties have been agreed to be purchased or purchased after taking loan in join names.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Even though your daughter has been paying the EMI loan repayments, she may issue a legal notice to her husband to share the EMI repayments and also to settle his share of repayment amount paid by her in the past, or if he is not paying or not interested then he may relinquish his rights by executing a registered release deed in her favor so that she will continue the loan repayment on her own.

If he is not cooperating nor complying with the demands made she may initiate proper legal steps for recovery of loan repayment based on the payments made by her against the co-applicant.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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