• Property purchased by me in P.M. Housing scheme

I had purchased an flat under P.M.Hsg scheme in that I had put my wife's name for subsidy purpose . But now she is not staying vd me and wen I asked her to make release deed she is refusing to make the deed .in this property I had paid some cash and 99 percent loan of which the e.m.i is been paid by me only .my Question is that under which section of property act I can take the flat in my own name and under what evidence etc. Which will be required to proof ,or after getting divorce degree from the family court to delete her name from the flat. OR I CANT Delete her name once entered in the property.pls answer me in detail
Asked 2 months ago in Property Law
Religion: Hindu

18 answers received in 1 day.

Lawyers are available now to answer your questions.

19 Answers

The property was purchased in her name and you also got subsidy benefits because of her. Now the property belongs to her. It cannot be transferred to your name. It can only be sold off.

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

If she is not a co owner then you can delete her name. Otherwise you cant

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

You have to file declaratory suit that you are absolute owner of property as full consideration was paid by you 

 

2) seek an injunction restraining wife from selling the property 

Ajay Sethi
Advocate, Mumbai
76984 Answers
4621 Consultations

5.0 on 5.0

At present the joint name of you and your wife in the title deed indicates that she has half share in the property. Until and unless she executes a registered gift deed relinquishment deed in favour of you, you cannot claim single and absolute ownership on the property.

If she has objected to register the same you will approach the civil court and file suit for declaration that you are the absolute owner of the property.

Ajay N S
Advocate, Ernakulam
3478 Answers
69 Consultations

5.0 on 5.0

Since the property has been purchased by a registered sale deed on her name,  it becomes her own property. 

She will be considered as an absolute owner of the property 

Moreover this property becomes a married women property. 

If you are not a joint owner then it would be difficult for you to get the property back especially if she is reluctant to give back or even share the property. 

So better get it back by amicable settlement and not by force or law.

You may not get any support from law to retrieve the property. 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

Well.  You have missed the bus. 

Nis for all practical and legal purposes your wife alone would be considered as its owner.  Your payment is of little consideration. 

Since marriage is going to break. Make a deal of giving this flat in lieu of her alimony. 

The decree oc divorce doesn't change ownership of property. 

Devajyoti Barman
Advocate, Kolkata
20791 Answers
296 Consultations

5.0 on 5.0

You have to file title suit to change the title holder name based on the payment made by you you have to provide complete documentation in support of your claim to have the judgement in your favour. After that you may get the property transferred to your name.

Vimlesh Prasad Mishra
Advocate, Lucknow
6633 Answers
23 Consultations

4.9 on 5.0

1. Your wife is the co-owner of the property if it is jointly registered in her favour as well.

2. She cannot be compelled to execute a release deed.

3. If sale consideration has been partly paid by her as well then the court will not declare you as the true owner of property.

4. Even dissolution of marriage will not curtail much less abrogate her share.

Ashish Davessar
Advocate, Jaipur
29804 Answers
856 Consultations

5.0 on 5.0

1. You will have to prove that the sale consideration was paid by you in entirety and seek a declaration as true and absolute owner of the property.

2. Even if you are declared as the true and absolute owner of the property by the civil court your wife will have the right to reside in the property during the subsistence of marriage,

Ashish Davessar
Advocate, Jaipur
29804 Answers
856 Consultations

5.0 on 5.0

1. IF you have documentary proof of your own 100% payment and IF you have documentary proof that Wife did not have financial capacity to for house purpose, THEN you can file a separate Civil Court Suit for Declaration of you as Sole Owner of Property and deleting of Wife's name.

2. The above is not linked or concerned with Divorce matter.  

Hemant Agarwal
Advocate, Mumbai
4980 Answers
24 Consultations

5.0 on 5.0

Yes this is the process to get the in your name.

Please remember to rate 5 for the answer.

Vimlesh Prasad Mishra
Advocate, Lucknow
6633 Answers
23 Consultations

4.9 on 5.0

It would be better for you to solve the matter outside the court. 

Convince her and transfer the ownership solely to your name.

Rahul Jatain
Advocate, Rohtak
4059 Answers
4 Consultations

4.9 on 5.0

You need to file a suit and prove that her name was only for name sake and all the funds are put by you from your known sources

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

Since full consideration has been paid by you declaratory suit can be filed that you are absolute owner of property 

Ajay Sethi
Advocate, Mumbai
76984 Answers
4621 Consultations

5.0 on 5.0

No. Dont go to the court. If it is jointly owned then you cannot get full ownership as it was bought under a government scheme.

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

- As per Section 2(9)(A)(b) Exception (iii) of the Benami Transactions Act., It is legally permissible for a person to purchase an immovable property in the name of his spouse from his known sources, and in which position, the property purchased will not be a benami property but the property will be of the husband and not of the owner in whose name title deeds exist, 

- Further, as per Delhi High Court, a man will retain the ownership of the purchased property even if it is bought in the name of his spouse , if the purchase has done through known sources of income. 

- Since the said flat is in joint name but it is purchased from your fund , i.e. some cash and 99 percent loan , hence if you are paying the emi , then you can claim full ownership right of the said flat , after filing a suit for declaration before the court. 

Mohammed Shahzad
Advocate, Delhi
4181 Answers
43 Consultations

5.0 on 5.0

Since the property is jointly owned, she is entitled to half share in the property as a right.

It may be a fact that you only funded fully for the purchase of this property and you had been paying the EMIs as well.

You may not get any justice from court of law if you approach the same seeking the rights over the entire property.

You can decide further action accordingly.

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

1. You should file a declaratory suit to claim ownership of flat on ground that payment of flat was done by you and you are paying EMIs without any contribution from your wife. 

2. You need to prove that payments of flat was given by you and EMIs are also bieng paid by you. 

Mohit Kapoor
Advocate, Rohtak
9322 Answers
3 Consultations

5.0 on 5.0

Just because the property is in joint name, Your wife becomes -CO-OWNER for the said property and you dont have and legal right to remove her name and her name cant be removed from the said property without her consent, even tough 100% payment was done by you.

Mohammed Mujeeb
Advocate, Hyderabad
17335 Answers
11 Consultations

4.5 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer