Share in the Property
I am the resident of Mumbai.
I seek your legal advice for my property matter between me & my mother.
Me & my mother are the joint owners of the 780 sq. feet (2 BHK) flat in Dahisar – East, since April 2010.
Initial amount of 20 Lakhs was paid by my mother by selling 1 flat in Dahisar, & balance 20 Lakhs were paid by me, in form of loan taken from LIC housing finance.
Loan is in my name & property is jointly owned & I pay the EMI from my salaried account.
I was paying the house loan EMI, society maintenance charges, all household expenses, mobile expenses, telephone expenses & each & every overheads & my mother was just enjoying her pension plus the rents from the other 2 houses – which she owns in Mira Road & Virar respectively.
In November 2014, my mother forcibly asked me to move out from this house as she & my younger sister alone wanted to stay in that house, so I shifted with my family (wife & 1.5 year old son) in rented house.
She & my sister was against my wife and had some grudge in their mind, so I shifted with my family, so that we could live peacefully.
Till July 2015 – (for 9 months) - even after shifting to rented house I was paying my EMI for the house loan regularly, but after that it was very difficult for me to carry on the expenses, so I stopped paying the EMI to LIC HFL.
Now LIC HFL is after me to either pay the balance EMI or opt out, i.e. declare to surrender the property to them, which I have already given them in writing.
But my mother is refusing to give her consent & also not ready to move out from the house.
She is financially stable, as she is retired as a BMC school principal – she have pension & also rent of 2 other houses which she owns – in Virar & Mira Road, as stated above.
She can easily move out of this house & can shift anywhere or even buy new house, but she is not ready to do so.
I am ready for any way out - either to sell this flat or handover to LIC HFL, but my mother is not & she is trying every step to create a hurdle in that.
I just seek your advice, how to tackle this and overcome such hurdle, also by non-payment of EMI – it’s affecting my CIBIL score, which I understand will impact my eligibility for home loan again in future.
Sorry for such a long write-up, but hope I have explained it well.
Thanks & Regards,
Mumbai – India.