• Custody of home

Hello sir,
I m married since 15 yrs n hv 3 Kids. We own a home in navi mumbai on loan in my husbands name. Due to sm domestic issues I wanted to transfer the loan and home on my name. Is this possible??  The Power of attorney of home is already on my name.. But as some fights n issues with my husband in money matters I want home completely on my name. What r d conditions n steps to b taken Iff wife is not earning or may b earning if I hv to own my home ??? 
Many times my husband ask me to leave home n skip Emi due to job issues n smtimes Jst to torchur me!
Now he is ready to transfer loan n home in my name n than he will pay Emi through my account. 
Is this easily possible as POA is in my name n Iff I m into bzns???
Plzz suggest n reply??
Asked 1 year ago in Property Law from Navi Mumbai, Maharashtra
Religion: Muslim
1) you need bank consent for transfer of flat in your name 

2) bank will not consent unless loan is paid off 

3) it cannot be transferred in your name as you don't have any source of income to repay the loan 

4) even if loan transferred in your name no guarantee husband will repay the loan as he is not legally bound to do so 
Ajay Sethi
Advocate, Mumbai
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1327 Consultations
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Unless your husband gifts his half share or execute a deed of relinquishment in your name you can not become its sole owner.
On the basis of POA you can transfer his half share in your name as the same would be illegal due to conflict of interest.
Devajyoti Barman
Advocate, Kolkata
5860 Answers
63 Consultations
4.9 on 5.0
1) deed of relinquishment is wherein your husband relinquishes his right , title interest in flat 

2) you can file 498A case against your husband if he tortures you 

3) also file DV case against him and seek maintenance and other reliefs
Ajay Sethi
Advocate, Mumbai
24752 Answers
1327 Consultations
5.0 on 5.0
If your are not the joint owner of the flat you can not without the consent of your husband become absolute owner of the flat.
If the sale agreement in in name of both you and your husband you will continue to be its half share holder.
Devajyoti Barman
Advocate, Kolkata
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63 Consultations
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1. The title deed of the property has been mortgaged during the pendency of the loan. Any property which has been mortgaged cannot be transferred during the subsistence of mortgage except with the consent of the mortgagee. It is not clear as to what power has been conferred on you through the POA which you say has been executed in your favour. 

2. The loan can be transferred to your name if your name is substituted in place of your husband. To this end your husband has to apply to the bank. 
Ashish Davessar
Advocate, Jaipur
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472 Consultations
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Hi, your husband can execute either gift deed or release deed in favour of you so that you become the absolute owner of the property once you become the owner of the property you can transfer the EMI in your name and pay the EMI.
Pradeep Bharathipura
Advocate, Bangalore
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140 Consultations
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Even you have a POA on your name in respect of this property, since the property is on mortgage loan to the bank, this POA is invalid until the entire loan amount is fully discharged.
for transferring the loan on your name your husband has to move an application to transfer the same to your name and you may have to give a fresh loan application but you may have to furnish the particulars for source of income for  repayment of the loan without which you may not become eligible for loan.  Or you can apply for co-borrower facility.
However the property cannot be transferred on your name without NOC from bank and it is unlikely that the bank will give NOC to transfer the p[property to your name during subsistence of loan.
POA will not confer title to you .

T Kalaiselvan
Advocate, Vellore
15283 Answers
139 Consultations
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What is deed of relinquishment??? N i didn't get ur last point?
A relinquishment deed means if the property is in joint names, the co-sharer may relinquish the rights on the property in favor of the other sharer.



At this point of time.. What step mst I take.. Cz he fights n torchurs me.. N me n my fmly has helped him with d down payment of this flat which he denies now! 
First you pacify him and become a co-borrower and then gradually approach bank to give NOC so that you can get the property transferred on your name.


Again now he wants me to pay half Emi which m not ready as I don't trust him.
You dont pay the EMI despite any pressure built on you.
T Kalaiselvan
Advocate, Vellore
15283 Answers
139 Consultations
5.0 on 5.0

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