• Share on wife's property

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?
Asked 4 years ago in Property Law
Religion: Hindu

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26 Answers

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 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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. 

Shashidhar S. Sastry
Advocate, Bangalore
5117 Answers
314 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7537 Consultations

5.0 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

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. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7537 Consultations

5.0 on 5.0

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.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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.

Shashidhar S. Sastry
Advocate, Bangalore
5117 Answers
314 Consultations

5.0 on 5.0

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

Yusuf Rampurawala
Advocate, Mumbai
7515 Answers
79 Consultations

5.0 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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.

 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

property registered on your wife name then you are not co owner. your wife can execute said property through gift deed to you. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

yes she can sell said property without your consent but she need NOC from bank. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Yes she have to take consent from bank before selling the property.

Yes after clearing the loan she can sell property without your consent 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been paying the instalment and would be continue to pay the same as the loan is on your name.
  2. By going through the legal paper of the property, the same is on her name and she has absolute right over the same, but at the end of the loan payment till then have only possession right.
  3. But, yes, if you wish to then at the time of getting divorce may demand the amount so incurred by you as the same has gone from your pocket.
  4. Everything will be on court decree, neither of the party can deny the said decree.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Unless and until loan is repaid bank would not permit you to cancel the loan 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7537 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

a loan can not be cancelled once it is disbursed. It can only be cancelled before disbursement. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If you cancel your credit score may suffer and bank may take action against you under sarfesi Act too

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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