• Joint home loan

Me and my wife bought a home 2 years back and have a joint home loan. However she does not pay the EMI/interest. The house is still under construction. 1 year back she left home with my 1 year old daughter without informing me and she is not in touch since then. paying home loan interest and house rent is getting tougher for me as i am yet to get possession of my new home. While taking home loan we agreed upon that I will be paying the emi and she is going to take care of rest. Now she is not worried about it at all. is there any way i can get out of this problem? 

Since I am the primary borrower can I sell the house on my own? please help.
Asked 9 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) since flat is in joint names you cannot sell the house without your wife consent 

2)if you stop paying the EMI builder will  cancel your allotment of flat 

3) bank will sue you and your wife to recover its dues 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1. Yes, by stoppling the EMI.
2.Once you stop the EMI the bank will attach and dale the falt to recover the money.
3. If you continue to make payment of EMI then also your deserting wife will claim her half share .
4. You can not sell the property without singature of your wife.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
1) the builder will not execute sale deed in your name alone without your wife consent 

2) since you have taken loan in joint names bank consent would be necessary 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
If in the sale agreement your wife signed then without her no sale deed can be registered.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
Since you are the primary borrower, it is your responsibility to pay the EMIs.  Your wife is not responsible.  You cannot sell the property to anybody nor on your name.  There is no other way, pay the EMI regularly and take possession.  Your wife will be the joint owner, though she had not paid the EMIs.  

Another option is stop paying EMIs.  The Bank will declare your loan account as NPA, take possession of your home, auctions and sale the same, takes the loan amount and interest, processing fee etc. from the sale proceeds and if any amount is left over, it will be handed over to you.  
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
1. The property is under construction but owned jointly owned by both of you,

2. For solely owning the property, you shall have to file a declaratory suit praying for a declaration that you are the sole owner of the property since you have been paying the EMIs and the consideration and also praying for a direction upon the registrar to cancel the earlier registration and register it in your name,

3. Unless you become the sole owner of the property, you can not sell off the said jointly held property.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. If you can get a NOC  from your wife then you can get the registration done in your name,

2. Since the registration of sale deed  has not yet been done, you can file a declaratory suit praying for direction upon the Developer/Vendor  to  register the sale deed in your name (if she declines to give you NOC),

3. Once you get the property registered in your sole name, you can sell the property yourself but not if your wife stays as the co-owner of the said property as per the sale agreement.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
If you stop paying the EMI the bank will take symbolic possession of the property and then auction it to recover the loan. A property that is under mortgage cannot be sold during the subsistence of mortgage except with the prior consent of the mortgagee. 
Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
5.0 on 5.0
If the property was bought on the joint names, only one party cannot sell the property on its own unilaterally.
If there is a matrimonial dispute going on, you may issue a notice to her and ask her to share the EMI burden equally and can ask her to pay the previous shares too which have been paid by you. If she is not complying with the demand made, you may warn her that if you too become a defaulter the property may be seized by bankers and you should not be held responsible for it at a later stage. 
Or you too remain without paying the EMI and let the bank decide about the next curse of action in it. Or you may inform her that since you are only paying the EMI, she will not be eligible for a share in the property (though legally it is not so)
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Okay. But only the construction & sale deed agreement is done. Can I register the flat in my name only as I am the 1st owner and then sell the flat?

If there is only sale agreement is done, you may cancel the agreement in the joint names and can get a fresh sale agreement, however for cancellation her consent is required hence a notice can be give to her to cooperate with the cancellation of sale agreement and afterwards you may get it registered under your sole name itself.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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