We(My husband and me) booked a flat under construction. The flat was not delivered on time. A case was filed at NCDRC and we opted for refund of money. We started getting money back. But cheques were made in the name of my husband. Due to marital discord now, I requested the builder to issue cheques worth 50% in my name. The builder initially objected and asked me to send me my husband's nod to this. I mailed the builder keeping my husband in CC and cheques were made in my name. My husband got hold of the cheques and is not ready to give me. How can i get it from him? He attempted to put the money in joint account, but i withdrew my name just in time. I dont trust his intentions. In fact he is v money-centric and will never give me. He used to pay loan EMI. and i undertook all household expenses, rent, education, medical expenses for kids. Kindly suggest how i can persuade builder to re-issue cheques. I have sent several requests to re-issue cheques at given address but builder is not responding.
Issue legal notice to builder, since flat was booked on joint name, you are entitle to half refund. IT`s good that you bear household expanses but EMI`s payment done by husband, and who actually contributed in purchase is real owner.
Have to file application before NCDRC for direction that payment shall be jointly.
file police complaint against your husband for criminal breach of trust under section 406 of IPC
2) builder would not reissue cheques to you
3) only if cheques are lost and you have filed police complaint about loss of cheques would builder reissue the cheques
As you have not paid the EMIs, you cannot encash the cheques as per law, irrespective of the fact that your undertaking all the household expenses, rent education medical expenses etc.
If you do so, your husband can take legal action against you to recover the amount from you. You not have any legal claim over that money.
Dear Madam ,
Get issued a legal notice and if you want you can file a civil case or domestic violence case specifically seeking interim order to get your share of refunds from the builder etc.
You can file a complaint in consumer court to reissue the cheque. You can stop the cheques in bank which are with your husband and ask him to return the same immediately. You can also file a police complaint
- Builder is not bound to re-issue the cheques to you, because as per the NCDRC direction he started to refund the taken amount to you and your husband.
- If, there is direction to issue the cheques from the NCDRC separetely to each party , then only builder is bound to issue the cheques separately.
- Further, your husband used to pay the EMI and you have taken all the expenses from your husband , then your husband is also not bond to pay the same to you as well.
- Since, the said transaction of property not completed and there is no execution of property in joint name, hence the question of claiming does not arise also.
You need to send another legal notice to both builder and your husband for handover the cheques of your name to you otherwise they will be responsible for any legal action against them.
To builder for delivering your cheques to tu our husband with wrong intentions.
And to husband for handing over the cheque to you otherwise you can initiate recovery suit against him.
You issue a legal notice to the builder in this regard and properly instruct him to distribute the refund to both equally or else you would be constrained to initiate legal action against him for recovery.
In Builder Buyer Agreement, I am mentioned as co-ower of property. Am i not liable for 50% of stakes? I did not pay major part of EMIs but I did make some contribution to initial downpayment and EMIs for first year. After that I took over household expenses and my husband took over EMI. How much do i rightfully own?
You only rightfully own the property to the extent of payments made by you towards down payment and EMI only. Other contributions made to our household expenses would not be considered by the court. Your husband can file a suit for declaration and can get the ownership on the basis of the the payments made.
Yes being a co owner you will liable for 50 percent or any other percent mentioned in the agreement
your husband can take the plea that since he is making payment of EMI he has major share in property
2) although agreement mentions you are co owner you would not have 50 per cent share if husband proves in court that he has paid major part of EMI
Stake in property vest in person who contributes in purchase. Earnest amount and one year EMI`s sounds good, you are entitle to refund at least up to this much with interest.
You rightfully own 50% share from the property.
as a co owner you can claim 50% share but you said your husband paid EMI then you can claim only intial down payment .
