If you go for separation than kindly get sign from your wife quitclaim deed.

No it cant be transferred without the consent of your wife.

Dear Client,

Your wife has to transfer the ownership in the property through Tranfer/Gift Deed.She need to get the deed drafted and have to pay stamp duty on the same and get the deed registered in the office of the land registrar of the Tehsil or district or in th eoffice of the Tehsildar.

Your wife can execute registered gift deed for  her share in property 

if she refuses file declaratory suit that you are absolute owner of property as full consideration was paid by you 

Your wife being a joint owner has to transfer her share in the property to your name by executing a registered gift deed or sale deed in respect of her share in the property.

- 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, hence as you have completed the bank loan , then you can claim full ownership right of the said flat , after filing a suit for declaration before the court. 

File a declaration suit for declaring the complete ownership 

The persons whose name appears on the title deed are considered to be its owners in equal share irrespective of the fact that only one provided the consideration amount. 

Therefore your wife has half share in the property and to make you its sole owner your wife will have to transfer her half share by way of deed of gift or deed of release. 

There is no other way. 

1. You can file Civil Suit for Declaration and removing of Wife's name from the Revenue /Municipal records, by producing documentary evidences to prove that you have solely financed the property, which should have been reflected in your income tax returns.

You will need a relinquishment deed or gift deed in your favour

That can be done. She will sign a relinquishment deed in your favour. Otherwise too tge property belongs to you as you paid for it.

1. Let your wife execute a Gift Deed or Release Deed relinquishing her rights and share over the property in your favour, by registering the deed in the jurisdictional Sub Registrar's Office.

2.  After obtaining the deed executed by your wife in your favour, you can apply for Khata Certificate in your name in the jurisdictional BBMP/Municipal Office, so that your name will be mutated as sole owner of the property in the revenue records.

Wife have to execute gift or release deed in your fovor. If she do not agree than have to file declaration suit to claim sole ownership on the basis of sole contribution in purchase of property.

Civil suit of declaration of ownership in court.

1. IF property stands in Joint names, THEN both joint names have to sign on the Deed, without which the deed shall be null & void. This is irrespective of whether you or she is paying the EMI or whatever....

2. Declaration Suit is filed in the local Civil Court, only.

No You can only transfer your half share In other words without your wife the whole property can not be sold.

You have to file declaratory suit in district court having jurisdiction 

In civil court you can file declaration suit. 

You can file the declaration suit in the court if civil judge junior division of your district. 

1. Either your wife need to execute relinquishment deed in your favour or you need to file declaration suit against her to claim ownership of property.

2. Suit should be filed Before the court having jurisdiction of area where property is situated.

- Yes, if she refused , then file a suit of Declaration as i mentioned above. 

If it's not co owner sho 

Your wife only has to transfer her share in the property by executing a rgistered gift deed in your favor, if she  does not then you may approach court of law with a suit for declaration of your title on the basis of the reliable documentary evidences you are in possession  and rely upon to support your claim.

The wife will be considered the legal owner, but if the husband can prove he paid the loan for the property, he can stake a claim to it. 

You can approach the court and file a suit for declaration so that you become the sole owner of the said property and the court may pass such an order. 

Yes you may do so. You may file a suit in the district court.