removal of wife name from joint owned flat
i had purchased a flat in 2007 on a bank loan basis.however i took the loan jointly as i had put my wifes name as joint owner.now i want to delete her name from the joint owner as well from the society as associate member without her consent. please advice as she will not give her consent due to marital problems between us.i had paid 100%loan .now my wife has filed a interim alimony petition in mumbai family court for claim of 50000 rs though she is earning a salary of 60000rs,what are the chances of her getting alimony from me as i am working professional.she wants my flat, my children and alimony ,what should i do as i have been called on 30th nov summon.please advice
Asked 4 months ago in Property Law from please help, Maharashtra
1) contact a local lawyer and file detailed reply to petition
2) since wife is working and earning Rs 60000 a month she is not entitled to maintenance . i presume there is not wide disparity in your income
3) wife is entitled to right to stay in her matrimonial home
4) as far as custody of children is concerned seek joint custody of child
5) you cannot remove your wife name from society records as she is joint co owner of flat
6) you can file declaratory suit that you are absolute owner of flat as full consideration has been paid by you
1. Since her name is already appearing as joint owner and the flat is mortgaged to bank you can remove her name unilaterally from title paper anymore.
2. If you could establish her income, you will not be liable to give maintenance to her.
3. So appear in the case, produce her income proof and contest the case on merit.
1. the flat stands in the joint name of yourself and your wife.
2. Without her consent or with out Court order, you can not remove her name from any document/record as the co-owner of the flat.
3. You can file a declaratory suit praying for a declaration that you are the sole owner of the said flat since you only have paid for 100% of its consideration and also praying for a direction upon the Registrar and the Co-Operative Society to delete her name as the co-owner of the said flat.
4. She is not entitled to any maintenance/alimony since she is employed and capable of maintaining herself.
5. Appear before the Court and the matter will first be referred for mediation.
6. Engage a local lawyer having expertise in this field to take up your matter to defend you at the Court.
1. Her name cannot be deleted without her consent as it is not open to one joint owner to diminish the title of the other joint owner. She has to execute a release deed in your favour, failing which her share will remain intact.
2. If you have evidence to prove that she is earning 60k then contest her petition fittingly as an earning wife is not entitled to claim maintenance.
It will not be possible for you to remove your wife's name fro the joint ownership of the property.
She is entitled to an equal share in the property since it is jointly owned, there is no law to remove her name without her consent or she relinquishing her rights in the property.
Even you have repaid the loan by yourself, she still has rights in the property since she is a registered joint owner of the same.
She will not be eligible for maintenance since she is employed and draws handsome salary.
You can fight it out and repudiate her claim for maintenance on that grounds.