Hi i purchased a flat in 2015, in which i am applicant and my wife is co-applicant. Till now i have paid everything from my account (95% paid to builder). Now builder has raised final installment for flat in which it is said the flat keys will be given after registry of flat. I am having matrimonial dispute with my wife and i have filed divorce case. I took home loan from my office which is a govt organization. What should i do for registry of flat in my name, she told she will not give NOC or relinquishment of property. What should i do as i have to pay final installment and get registry done after which flat possesion will be given. Plz guide?If i file case how much time will it take for ownership to decide?
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You have to make balance payment and get registration of flat done in joint names .
2) Registered sale deed is necessary to confer clear and marketable title to property
3) then file declaratory suit that you are absolute owner of flat as full payment was done by you
4) disposal of suit depends upon pendency of cases in your city
It is not easy to remove the name, she must release her rights from the property. Or you have to show that she is benamidar. If you are separating she can ask for the flat as a part of maintenance.
You need to obtain a relinquishment from her, to get this flat registered in your name exclusively.
Since there's a dispute, you may avoid payment of last instalment at this stage. Else, since 100% sale consideration has been contributed by you, and nothing has come from here, seek a declaration as to your exclusive title upon this property.
1. Since you have paid almost full consideration money , you should get the flat registered in your name.
2. Now at the time of registration you can make the sale deed in your sole name of the developer so agrees.
3. Once you get the possession of the flat you should try to sell this out as your wife may otherwise can encumber the flat by filing a case under PWDV Act.
4. Do not get the flat registered keeping your wife as co owner.
Sir since wife is co-applicatant in loan and is also having name in agreement to sale the builder shall not register in single name . Either you file a declaration suit giving evidence that you paid the complete amount or settle with you wife. Declaration suit can take years to settle.
Just to make clear i took the loan from my govt. dept. she is only co-applicant in the Builder Buyer Agreement. I suppose the best way is to get relinquishment deed from her which she has refused, now the only option i think left is to get the registry done and then file for declaratory suit. I suppose declaratory suit in Ghaziabad court will take years to decide. someone told me as the flat is at registry stage the suit decision may not take much time.
Suit may take years to be disposed of
If the builder is allowed the register the flat in your own name , if not register the flat in joint name and also filed a declaratory suit in family court declared that you are the absolute owner of the flat and paid full amount from your own earnings . Also filed a joint trail application with divorce case and get a decree in same time.
1) Have you performed agreement to sale registered with Registrar or sub-Registrar. If not then you can show to builder that loan has been sanctioned against your pay slip and now you want that flat should be registered on your name.
Sir see the decision of the suit will take time as in civil matters cases are taken up based on year of filing so the case will take some time.
Until the property is registered it is in the hands of builder that you canyou can change the agreement and get the property registered in your name as you are the person who has produce loan in this regard but if the Builder is not agree to do so you have to pay the remaining amount and get the property registered in the name of both the applicants after that you can claim title of the property as you have paid the entire amount of the property by a civil suit
You or any other person on your behalf has to approach the marriage officer of your district to get forms for making application of marriage Under Special marriages act. You (or the person on your behalf) will get all the details regarding documents required and time taken. It is not an issue where you need to consult advocates any further.
Of course a joint affidavit may be required. In that case you can consult me. Please leave your contact details in feedback
If she's not a joint owner you need not get her permission to get the property registered in your name.
Co-applicant for loan cannot become joint owner.
What are the views of your builder in this regard?
As she is just a co-applicant for bank loan, you can very well go ahead with registration on your name.
Declaratory suit will file before family court and try it along divorce petition
Ownership will not be decided by family court it will be decided by civil court or through your mutual agreement. You can take the possession and decide between you guys what has to be done. As she is co applicant it's just a formality. The important thing is whether sale deed possesses her name. If she is a owner then you need to accommodate her wishes too
Get registry done
All payments are made by you, so even if she is a co-applicant, she has no right in the flat
Her name was added merely for convenience
Ask the builder to include a clause in agreement that entire consideration is paid by you and wife is only added for convenience without conferring any rights on her
In continuation of the above question, in my Builder Buyer Agreement (BBA) it is written that "That in case any member of the Second party does not pay the aforesaid installment within the stipulated time-frame, the first party shall charge interest @ 18% p. a. for delay upto 1 month and therafter inetrest rate applicable will be @24% p.a. However if the installments remains unpaid for more than six months the First Party shall have all the rights to cancel the allotment and forfeit the deposited amount (maximum of 1 lac only) and refund the remaining without any interest or claim whatsoever." As my wife is not giving NOC, i talked to builder citing this clause that you can cancel the property and refund my amount. As all the amount has been paid from my account (all the loans taken by myself).the Flat possesion has still not been taken and builder has raised amount for final possesion. Now builder is saying if he cancels he will issue amount equally between me and my knife. can the builder do the same in case of cancellation. my point is i have paid everything from my account, hence builder needs to refund to my account.
since flat is purchased in joint names refund would be issued by builder to both applicants
2) builder is absolutely correct
3) merely because cheque issued from your account you would not get full refund
payments are made by you
so any refund on cancellation should also be given to you only
will the builder insists that both you and your wife should also be personally present at time of taking possession?
if that is not the case then i suggest you pay the last instalment and take possession
Yes since you and your wife are co-owner builder is bound to transfer the equal amount on cancellation to both you and your wife. The builder is bound by agreement.
The builder will go as per law.
Even though you have paid the entire amount from your own account, since the property is jointly owned, the refund has to be made in favor of both the owners equally.
The builder will not take a risk because she may sue the builder for cheating her and taking away her money.
The builder is right he will have to give amount to both the applicants, without an order from the court to the contrary the builder can not do anything else
