• Related to co applicant

Sir I want to know that I am an main applicant of my flat and my husband is a co- applicant of my flat. Now I want to revome his name as co applicant and want to add my daughter name in place of him because we are having some issues due to which I am not living with him and I filed a case against him in mahila thana because it's a case of physical abuse. In my flat all down payment and loan including EMI is given by me only. Kindly suggest what can I do to remove his name.
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

You can go for quit claim deed and remove your husband's name from property, so you will have 100% sharing ratio and add your daughter name later.


Quit claim deed: This deed is signed in order to transfer any ownership interest of the owner without making any promises regarding the properties interest. They are basically used in order to clear up the title problems or to transfer the property amongst couples after separation or any informal decisions. It is very important to write the precise and complete names of the transferor and the transferee.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You will have to file a suit for declaration in civil court to remove your husband's name as the owner of the property on grounds that the entire EMI were paid by you. After getting a decree of declaration in your favour from the court, you can execute a gift deed or relinquishment deed in favour of your daughter to make her the co-owner. The said deed needs to be mandatorily registered.

Alternatively, you can execute a will in your daughter's favour, but the same will come into operation only after your demise.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You can file declaratory suit that you are absolute owner of property as full consideration has been paid by you 

 

2) enclose copy of bank statements that prove full consideration has been paid by you 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

1. Option-1: IF husband is willing to do it voluntarily, THEN he can execute a registered Gift Deed in favor of Daughter, AFTER taking NOC from lending bank.

2. Option-2: Civil suit for Declaration Order, that you are the owner of the Flat, by virtue of the down payments and continuing EMI and that husband has not contributed anything. For this all relevant documentary evidences and witnesses would be required.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. There are two ways of doing it. One is let your husband gift his share in the property to your daughter through a registered Gift Deed. By doing this, your husband's name will be removed as co-owner of the property and in his place your daughter's name will appear in the records.

2. The other way is, let your husband execute a registered Release Deed in your favour, by relinquishing his share in the property. By doing this you will become Absolute Owner of the property. Afterwards, you can get gift a portion of the property in your daughter's favour. Upon doing this, you and your daughter will be co-owners of the property.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

1. It appears there is registered sale agreement or sale deed done in joint names of yours and your husband's.

2. If that is so then your husband is half share holder in the property even if no consideration towards the flat  passed from him.

3. So in other words without the consent of your husband b way a registered deed of gift or deed of relinquishment you can not remove his name or replace him with your daughter in the title deed.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

You can remove his ne if he is co-applicant but not if he is  o-owner. You can request the bank to so as full emi is paid by you and substitute your daughter

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You cannot remove his name if the property has been registered under both the names jointly.

If he is a co-applicant then you may have to get NOC from bank to remove his name, he has to give the request in writing.

You may look for an alternative arrangement.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

See you cannot remove it simply for same you need to file ansuit before court seeking declaration of ownership over flat showing that complete.payments were made by you. 

 After the court order you can transfer share to.daughter making her co-owner.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Co applicant and co owner is different thing. Sale deed registered or not, if not than sale deed can be register in your sole name on the basis of full payment made by you.

If sale deed already registered in joint name, than either he have to execute release deed or you have obtain declaration from court of sole ownership.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

It is not easy to remove the name, he must release his rights from the property. Or you have to show that he is benamidar.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

There are two ways of removing your husband name from CO ownership of your flat and these are

Either file suit for removing his name as co owner for that you should file declaratory suit.

Or you need consent from your husband for transfer of his share on her daughter name.  

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Your needs your husband's participation in this.

Without his consnet and participation, it is not possible to add your daughter's name as co-applicant at his place, unless you knock the doors of the Court

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

If he is a co applicant then he has a share and can't be removed without his consent.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

- As per law, you cannot remove his name from the registered sale deed , without his consent , even you are the main applicant.

- You are the main applicant in the bank loan , but in the sale document , your status is co-owner of the flat.

- Since, you have dispute with your husband , then he will never give his consent for the same, without a settlement in the dispute.

- If, he agrees, then he should execute a release deed for surrendering his ownership,

- Further, as you have paid entire amount to purchase the said flat, then on that ground and proof of payments , you should file a Decleration suit before the court , for getting a decree of single ownership.

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

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