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

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.

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

If in the sale agreement your wife signed then without her no sale deed can be registered.

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.

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.

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.

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.

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)

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.