merely on basis of divorce decree your wife name would not be deleted
2) she has to execute gift deed or release deed in your favour
3) you have to file declaratory suit that you are absolute owner of property as full consideration paid by you
Pradhanmantri housing scheme Name of wife to be deleted
I had purchased an flat in badlapur under pradhanmantri hsg scheme.under which to avail the facility of susidy u need to enter ur wife or any ladies name etc. The situation now is that my wife is not leaving wd me for abt 1year and even resisting to make release deed . Pls let me know that after getting decree of divorce from theCourt .Is it possible for me to attach the order of divorce and a letter that to delete the name of my wife from t above property? OR i will hv to file a Different suit in court for removing her name from the flat. The E.M.I is been paid by me only and my wife is having bad intention to any grab the flat vdout paying anything to me .pls answer me in detail
Asked 6 years ago in Property Law
Religion: Hindu
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6 Answers
NO.
You have to file separate suit for declaration of sole ownership on the basis contribution in purchase. Whole payment towards purchase made by you, you have to prove this in court.
Yes you can do the aforesaid. She cant grab it. If not co-operating you can file a suit for specific performance against her and seek relinquishment deed
Removing a spouse name from a property documents can be complicated and not possible.
You can civil suit for declaration is to be filed in the local civil court.
1. No removal of Name from allotment letter or sales deed is not possible by use of divorce decree.
2. You have to file a different suit for removal of name of your wife and claim complete ownership of property.
You cannot remove the name of your wife from this property for any reason even if you are divorced.
Now the property is jointly owned hence she is having equal share in the property.
Even though you have repaid the home loan she is having 50% rights in the property hence no suit to remove her name from the proeprty is maintainable
