there is no procedure of re registration
How to get back flat registered on wife's name
I am raj, I have purchased a new flat on my name as well as my wife name on Jan 2013 at bangalore. I have only paid the entire downpayment through check and paying EMI till now from my salary bank account through ECS. I am not in a good term with my wife right now though she is staying in the new flat,Is there any provision in law through which I can transfer the whole ownership of flat on my name? means Is it possible to re-register the entire flat in my name considering the fact that entire money for the flat(EMI till now) is being paid only by me since my wife is a house wife.Under which act can I file a case to get the flat ownership fully on my name? And If I file a case, in what base will you say that this case will win or lose? please suggest.
Asked 10 years ago in Property Law
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5 Answers
Release deed will suffice provided your wife gives consent. Else you need to file a suit showing proof of payment/EMI through your salary and can file a suit against your wife.
Hi, unless your wife is give consent for releasing her right, you can t do anything.
your wife is co owner of flat . you cannot register flat in your name . the only option is that your wife executes gift deed or relinquishment deed in your favour . then you would become 100 %owner of said flat . moving court would be a futile exercise
Firstly, bear in mind that it is unethical for a lawyer to foretell the outcome of a case.
Your wife is a joint owner of this flat. As such, she is as much an owner as you are. A co-owner cannot deprive another co-owner of his ownership. The fact that your marriage is estranged does not vest you with a legal right to oust her proprietary rights. A property once registered cannot be re-registered. The only event in which you can assume ownership of the entire flat is of your wife makes a relinquishment deed in your favour. Don't go to court as your case will have no legs to stand on, hence it will be dismissed at the first hearing itself.
