Co-ownership in jointly financed property
A dwelling unit was allotted in my spouse's name by a group housing society of his office. The allotment was made in single name of my spouse as per rules of society, however, an order stating that 'at the time of registration my name would be incorporated as co-owner/co-allottee' was issued by the allotting authority. Towards cost of flat my spouse paid app. 40% through house building loan from the employer and personal savings. To meet my share of app. 60% i withdrew from provident fund, in addition to personal loans from my relatives and a loan from Financing instiution was obtained. The loan was sanctioned in joint names as per the condition of Financing institution to have all co-owners as co-borrowers, however, repayment of the loan was done exclusively by me from my salary account. A notarised co-ownership Deed was also signed between me and my spouse. Unfortunately, the registration did not take place for over ten years since possession of flat and over the period our marriage failed and i was forced to live separate with my kids, though no legal separation took place. Now, when the registration process started, my spouse, concealing the existence of order to the effect of co-ownership, co-ownership deed and my contribution towards the cost of purchase, got the flat registered in his sole name. Please advise, how i can get my legitimate proportionate share through legal route.
Asked in Criminal Law from Delhi, Delhi
First of all send a legal notice to your spouse and claim your share, if he is ready to give you the share or money within notice period then ok, other wise you may file a civil suit before civil court and claim your share.
if there is any divorce proceeding is pending then family court have also right to decide the matter.
Advocate, New Delhi
1. You can issue a lawyer's notice to your spouse for willful concealment of facts to defeat your proprietary rights and demand that she should take the necessary steps to have the property registered jointly.
2. If the notice from your lawyer also fails to produce the desired result then you may move to court to seek its directions to the executing authority to register the property jointly in your and your wife's favour.
If you have confirmed and reliable information about the registration being done on your husband's name alone, you may issue a legal notice to the society who has registered the property on his sole name stating the facts as well as your contributions towards the property to cancel the registration and to execute a fresh sale deed registered on both the names, if this notice fails to invoke any response, you may file a suit for declaration of title and mandatory injunction against the society to not encumber the property anymore on his name. Your husband should be impleaded as a party to the suit.