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 4 years ago in Property Law from Bangalore, Karnataka
there is no procedure of re registration
Advocate, New Delhi
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.