No you have no right on the plot.
No you shall not be co-owner of the property.
You can file a suit for share and declaration of right over the proeprty based on the investment and amount paid by you
I constructed a house on my wife's plot through a housing loan on my name. Will I have half share on the property? The plot is registered on my wife's name and the house is also registered only to her. The only thing is that the loan is on my name and I have made EMI payments since 1 year. There is still 9 years of loan payments to make. If we separate through divorce now, will I also be a co-owner of the property?
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No you have no right on the plot.
No you shall not be co-owner of the property.
You can file a suit for share and declaration of right over the proeprty based on the investment and amount paid by you
1. Legally speaking, you will not have any share in the property owned completely by your wife, eventhough your money was invested for constructing a house on it.
2. If you separate through divorce, you will not be a co-owner of the property.
Plot is registered in wife name and house is also registered in his name
you would not be co owner of property if you get divorced
you can ask your wife to execute gift deed for 50 per cent share in your name
You need to in the civil court that house is built by your money. But if you register the property by performing settlement deed that wife has transferred 50% share on your name than as per Transfer of Property Act you will become 50% owner.
1. The person in whose name the property is standing is considered to be its owner irrespective of the money many have been provided by another person.
So in the eye of law your wife is the owner of the land and the house even though the loan account is in your name.
So to claim your ownership in full or in half you need to file a suit under Benami Transaction Act in which getting favourable decision would be a very lengthy and redious job.
Good luck.
No you will not be considered as co owner of the property till your wife doesn't make you co-owner.
But you can claim share in the property upto the amount of loan which is used to construct the house.
Can she sell the property without my concern in the following cases? 1. I believe she won't be able to for the next 9 years since the property is mortgaged to the bank until the loan is paid. 2. After 9 years once the bank releases the documents, she will be the sole owner and will be able to sell it. correct?
During pendency of loan wife cannot sell property without bank consent
2) after period of 9 years she would be able to sell the property as loan has been repaid
Hello
You are not entitled to half share in the property.
Since the property is registered in her name she is absolute owner of the same, as such, you will not be co-owner of the property.
Yes, during the pendency of the loan she cannot sell the property.
Yes, after 9 years (or pre-closure of loan) on complete repayment of loan she can sell the property.
At the most, you may ask for the amounts you paid towards EMI's i.e., between you and her.
1 . Yes she can sale without consent as of date.
2 Yes pending bank loan proeprty can be sold only after NOC of the bank.
3.yes.
1. When once the loan is discharged, she will be the absolute owner of the property and will be free to take any decision regarding the property, including selling the property.
2. It's upto her to clear the loan in 9 years or even earlier, subject to her financial status later. When once she clears the loan, she gets back her original documents, to pave way for selling the property.
1. your wife remains owner of the plot
2. however since you have taken a bank loan for making construction on that plot and having been paying the EMI, you would become the owner of the structure
3. you would not have any share in the plot but only on the structure
4. your wife can still sell the plot to a third party by obtaining NOC of the bank
5. bank is not concerned with who makes the loan repayment. It is only concerned with the repayment
6. if there is a default in repayment, the bank can invoke the security i.e. the plot mortgaged to it, and sell it in public auction to recover its dues
7. if in between the tenure of the loan the owner wishes to sell the mortgaged property to a third party, then the owner is only required to get bank NOC and the buyer will purchase the property subject to the charge of the bank
8. but practically no buyer will agree to buy a property which has a bank charge on it and would require the owner to discharge that charge or loan first before purchasing the property. Also no one would be interested to buy a plot on which there is an existing structure which is in possession of some person
9. if you have any apprehension then you can yourself purchase the plot from your wife and become absolute owner of the plot
1. The Wife is the absolute owner of the Plot and the House built over it, irrespective of who services the loan. This is atleast for Court dispute purposes.
2. You can only file civil suit for the amounts you have paid or still paying for recovery of the amount, in case of future disputes.
3. Wife can sell the mortgaged property by transferring the mortgage deed based on divorce decree or other court documents.
1. She will not be able to sell the same as its mortgaged.
2. Yes she will be the sole owner once bank releases the same.If she is not agreeing to give you your share you need to file a suit to show that the funds used were from your known source.
property registered on your wife name then you are not co owner. your wife can execute said property through gift deed to you.
1. How the Bank has allowed housing loan in your name when the land is in the name of your wife?
2. Has the Bank made your wife as co-applicant or mortgagor of the property?
3. PSU Banks now a days do not allow housing loan with third party mortgage and insist the mortgagior to be co-applicant of the said loan.
4. However, ordinarily, you are not the half or any share holder of the said property and the house constructed on the land standing on her name will be considered as her property unless otherwise decided by the Court.
5. For being the co-owner of the house, incase of getting divorced, you shall have to file a declaratory suit praying for a declaration that you are the co-owner of the said house since you have paid the entire construction amount. The Court might ask yoiur wife to pay off the amount spent by you with interest or ask you to0 pay the price of the land to own the entire property, to solve the problem.
6. However, the suit is expected to take years to be disposed off.
Yes she have to take consent from bank before selling the property.
Yes after clearing the loan she can sell property without your consent
You are not a joint or coowner in the property.
You may file a suit claiming your share in the property by the virtue of loan repayment by producing the documentary evidences but if the court dismisses your claim you may have to be contended with the return of your loan amount alone by an order of court.
Yes she can sell the property on her own without bothering to take your consent or permission since it will be her own and absolute property with clear and marketable title on her.
Will the bank allow me to cancel the loan? we have already took all the amount and constructed the house and paying EMIs since one year. There is still 9 years of EMI payments. Since I learnt that I don't have any ownership on the property what are my options? How can I get away from the loan?
No bank shall not allow you to cancel the loan now.
See you are paying EMI so you can file suit of declaration before court seeking ownership right over the property.
You both may have to approach bank and submit an application requesting them to relieve you from the current loan.
If you are the 2nd applicant or guarantor then you may have to follow the prescribed procedures.
If you cancel your credit score may suffer and bank may take action against you under sarfesi Act too
Dear Sir,
You have no claim over your wife's property as long as she alive, if she die without a WILL only than you can equal share along with your children.
while she alive she can sell, gift or do whatever she want.
there is no need of anyone else signature or consent.
The husband too can claim no share in his wife's property. Neither the wife nor husband can claim any share out of their individual property whether before or after divorce.