Registration of flat without co-applicant
I bought a flat in 2014 in my name and my wife's name, which is still under construction . i have paid the booking amount of 2 laks and and taken loan for 18laks( in loan, bankers added my wife as co applicant) i'm the only loan payer and loan amount also sanctioned based on my income.
Now due to disputes my wife is not with me and im trying to register the flat in my name alone. There is a document between builder and me in that my wife's name also included as Copurchaser.
since she didnt pay not even a single rupee for the flat, she never come up for registration and trying to lock me with the situation.
Now the builder is saying they can only prepare sale deed in both the name.
Divorce is not yet filed. Pls kindly advice me on the same.
Asked in Property Law from Chennai, Tamil Nadu
1) since you entered into agreement with builder to purchase flat in joint names sale deed would be regd in your joint names
2) only if your wife writes to builder to register flat in your name alone supported by affidavit wound builder agree to register flat in your name alone
3) if loan amount is not disbursed cancel the agreement with builder and inform the bank that you don't want the loan . At most builder will forfeit some portion of your earnest money paid
The builder is bound to execute the sale deed in joint names unless your wife executes relinquishment deed in your favour. Your wife can file a lawsuit for breach of contract if the builder excludes her from the conveyance deed.
1. Builder have to register it in joint names if your wife is not giving an NOC. He has no other option legally.
2. You will have to get your wife agree to give an objection to the builder to register the flat in your name alone.
3. In case she is playing smartly by holding on to her right in the flat because the booking has been issued in her Name. cancel the booking. see how you can work it out with the bank if nay penalty.
4. The builder may cancel the booking by forfeiting some amount and you can .
As she has been mentioned as a co-purchaser in the registered sale agreement, she has to be made a joint owner in the proposed execution of registered sale deed. Or else the sale agreement is to be cancelled and a direct sale deed can be made on your name alone. However for cancellation of the sale agreement her consent has to be obtained. You can talk to her and arrive at an amicable settlement which can work out as terms for a mutual consent divorce too.