• Co-owner refuse to pay future loan

I and my brother took joint housing loan in 2011.Property is registered in the name of both. We are co owners in both property and joint loan. We had a 2 bhk. This april he got married and till now we were leaving together.. and he was contributing to loan EMI. Now suddenly he and his wife wants to seperate and move out of house.Now there condition is if we move to other house we will not pay any further existing EMI instead they will concentrate on their new Loan.

Now suddenly it will become burden on my part. We both were paying 30000 with 50% contribution each.they are even now ready to relinquish their rights. But it will be very difficult on my part to continue Loan emi fully. Pending tenure is around 12 years. I dont want him to leave my existing house nor i want to transfer property fully in my name.. please assist.
Asked 5 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

18 Answers

If your brother is willing to relinquish his share in flat accept the offer 

 

2) relinquishment deed should be duly stamped and registered 

 

3) transfer flat in your name then sell the flat 

 

4) in alternative sell flat now and pay brother his share 

 

5) if your brother stops paying EMI and you are unable to pay his share also bankwill auction the flat

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

See if he default in loan that can be further issue so instead that talk with bank get loan restructured transfer the property completely in your name. There won't be any way to force him to pay the loan amount.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can file  interim relief petition in your jurisdiction court. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

if there is a loan default then loan account will become NPA and bank will initiate action under SARFAESI Act to sell the mortgaged property by public auction

so it will be in your interest to continue paying the loan

if you do not wish to become full owner of property then only option for you will be to continue paying the loan and recover the share in loan of your brother which you are required to pay by filing a money recovery suit against him

Yusuf Rampurawala
Advocate, Mumbai
7510 Answers
79 Consultations

5.0 on 5.0

1. Well, now since the proeprty is mortgaed with bank if no EMI is paId it would become NPA and the bank will inItiate proceeding under SARFAESI to attach and sell this property.

2. the bank has nothing to do with the contrubution of each borrower. Once there would be default in EMI it would start attaching the proeprty.

3. So resolve the dispute amicably. Since your brother is willing to reinqish his half sahre, take this opportunity. Otherwise you would loose the whole proeprty. If you pay the whole EMI then also your brother will remain its half owner.

4. So agree to his proposal.

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

If your are unable to pay emi then sale the flat

Your brother reliquensh his right accept and transfer flat on your name and pay full emi

Deed must duly stamped and registerd

You have only two options one is pay emi and second sale the flat and pay bank dues

 

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

  1. As per the information mentioned in the present query, makes it clear that the property was bought on joint name and suppose to be paid equally.
  2. Even if they want to relinquish their right then also they can only give their portion to you, but can’t release their right to pay half without your consent to it.
  3. And if they are not paying then bank may pul up their coller for my paying.
  4. I advice you to make an application in the concerned branch of bank stating hue willingness to not to pay now.
  5. Tell them that you may only be able to pay your part, but not his otherwise in future things would come to you only.
  6. And if possible you file a suit before civil court of law for performance of that part of tnte agreement where he has also agreed to pay.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

If your brother is not ready to share the EMI the EMI should be paid by you and you can ask for the reinforcement of the share in the property by your brother.

If you cannot continue with this EMI then the option of selling the property is open to you after getting the relinquishment by your brother you may have the option to sell it.

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

If your brother do not want to repay the loan amount along with you, then you can pay the same and recover it from him by legal means;

or he can relinquish his rights in the property, after which  you can repay the entire loan by yourself or can sell the property to the prospective buyer and get rid of this issue permanently.

 

You cannot force your brother to share the burden if he is unwilling, you can take legal steps as required in furtherance

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

You have stated you are not position to pay full EMI for loan 

 

better sell the property repay the bank loan and divide sale proceeds equally 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

He has to execute a registered gift deed in your favor in respect of his share in the property after which you would become the sole owner with clear and marketable title to the property. 

Before that the lender bank has to issue NOC for this. 

You talk to him for an amicable settlement. 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

Execute release deed, it should be duly stamped and Registered 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

if he is consenting then he can register a gift deed in your favour

the above will require payment of stamp duty and registration fee

next option is to file a collusive suit for a declaration that you are sole owner of the property, against your brother

the brother can then admit your claim and consent terms can be drawn and submitted to court

however the consent decree passed in pursuance of the consent terms will also require registration and may be stamp duty too [since the brother will be releasing his right in the property without consideration which is essentially a gift which attracts stamp duty]

so you can opt for the first option of gift deed which is straight forward but which comes with costs

however that costs is not comparable to the actual value of the property and by doing the gift deed you will become sole owner of a valuable property 

Yusuf Rampurawala
Advocate, Mumbai
7510 Answers
79 Consultations

5.0 on 5.0

1. You have to take NOC of the bank for transfer of property in your favor, after you get NOC your brother can make a registered gift or sale deed in your favor by paying stamp duty and registration to transfer property in your favor.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

you can do the same first by mutual agreement and if not agreed then you need to approach the court

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Get Release / Relinquishment Deed executed in your favor by your brother by paying stamp duty and registration charges, thereafter, using the same, it can be changed.

Next option to gift his share in your favor by your brother by paying stamp duty and registration charges.

Before doing the same, you need to obtain NOC from your lender.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

- Since, your brother is joint owner and joint borrower of loan , then you both are accountable for pay the loan of the bank . 

- Further , as your brother not interested to continue , then take a Relinquishment deed or Gift deed in your favour to become the single owner of the property , and submit the same with the bank .

- Further , if you are unable to pay the emi amount , then sell the said property after taking NOC from the bank . 

- Further , you can also extend the loan period to pay as well , if you are interested with the property. 

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

A relinquishment deed will have to be filed, by means of which your brother will relinquish the share in your favor. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Ask a Lawyer

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