No, bank cannot auction it without giving you the chance to pay the rest of the emi.

Regards

Please approach Bank officials and communicate your decision to pay EMI and would be paying EMI continuously without any hesitation. 

Please E-mail your decision to branch manager as well.

If they persist for auction then approach the Court for injunction order against the Bank and your wife under order 39 and section 151 of C. P. C. 1908 for restraining them for sale,auction and transfer because of your willingness to pay EMI continuously. 

No ,bank cannot auction mere co- applicant's request if you continue to pay EMI of loan to bank and they would not be able to declared your loan account as NPA.

You immediately approach court and seek injunction for not auctioning flat. Court will grant you the same as you are willing to pay the same

Bank cannot auction flat merely on co applicant request as long as EMI are being paid by you 

2)file declaratory suit that you have 70 per cent share in flat as per EMI paid by you

3) seek injunction restraining sale of flat by bank 

1. serve the bank with a legal notice/representation to collect the EMIs from you,

2. since EMI's are getting paid, the bank cannot initiate any adverse action against the property,

3. you can make a complaint against the bank if they are pressurizing you to settle the matter with your wife with a copy of the complaint to higher bank officials & RBI 

1. Wife has no legal jurisdiction to initiate any proceedings for refusing EMI to Bank from you and neither wife can ask or direct anything to initiate auction proceedings, in anyway, whatsoever.

2. As long as Bank is getting EMI for the loaned amount, the account CANNOT become NPA and Bank cannot initiate any proceedings under SARFAESI or any other act.

3. You may apply to the Bank, to transfer bank loan account in your name with latest prevailing rate of interest (which may be slightly more) and get rid of such legal hassles.

If you are the joint owner of the flat and co applicant if loan as well you have equal rights to foreclose or repay the loan with your wife. 

Therefore if the bank refuses to accept repayment from you it's a violation of law for which you can approach high court  

However before doing so apply for paying EMI by yourself only. 

The coapplicant for the bank loan is another person to repay the home loan. 

Thus if one applicant is unable to repay the loan then the other applicant is liable. 

Thus, the bank cannot refuse to accept the loan repayment by the other applicant for such silly reasons  

They cannot interfere in the personal life of the applicants. 

You can first get their reply 8n writing and then decide to initiate legal action against bank as per law. 

Yes, bank can auction wife share as she has clearly mentioned she is not going to pay EMIs.

If you want to stop bank auction then get a quite claim agreement from wife so the flat will be transfer on your name 100% share.

Dear Sir,

You are suggested to submit an humble application with CC to your wife that the bank should not auction the property and you will pay the loan. Also, file the injunction suit if the bank does not agree to recover the loan from you.

the bank has no business in the dispute between you and your wife

it is only interested in the loan repayment

so it does not matter whether the EMIs are debited to your or your wife's bank account

for the bank to invoke SARFAESI, there has to be a default by the borrower in repayment of the loan and his loan account has to be declared NPA by the bank

without any default the bank cannot invoke SARFAESI

you must reply to the bank stating not to bother itself with the dispute between you and your wife so long as its dues are regularly being paid by you

You can obtain stay from DRT if bank issue auctionntoice as either co applicant can continue the EMI`s. Bank cannot refuse to accept.

- No , bank cannot auction the property against the rule of banking Law 

- Since you both are applicants for sanctifying the loan amount from the bank , it means that if one stops to pay the emi of loan amount , then the bank will recover the amount from the other applicant , and if both failed to pay the same , then bank will recover amount from the guarantor. 

- Since, you are paying the emi of the loan amount , then bank has no right to take action under the SARFAESI or another act , as this act only applied upon the defaulter. 

- You can lodge a complaint before the RBI even online , against the dictates of that official of the said bank . 

- Further , if you are paying the emi from your fund , then you can also claim full ownership of the property after filing a Declaration suit before the court . 

you can file a interim relief application before DRT for stay on auction proceedings further you can challenge the DM order before DRT. 

The bank cannot do this. The wife should withdraw her name from the applicant. You are willing to pay the emi. How can the bank auction the property. 

File a consumer complaint against the bank for deficiency in services.

Property cannot be auctioned like this.

Serve them with a legal notice and than file a specific performance suit against them for allowing you to be primary account holder 

1. No bank cannot auction the flat if EMIs are upto date and there are no pending dues towards bank. 

2. Even if there is dispute between co-owner of flat. The call must be fake.

1. As per the information mentioned in the present query, makes it clear that you have been harassed by the bank officials delisted having been laying the EMIs.
2. I would like to apprise you that you should mark a representation to the concerned bank.
3. If they don’t reply or reply in negative then you have an option to take them before the Hon’ble High Court under Writ Jurisdiction seeking answer for the same and for the interim direction that they should charge as continue as they are charging now. You have a good case.