Getting possession of my house
AMIT KUMAR
(Querist) 21 July 2018
This query is : Resolved
My wife and I own a flat in joint name. We live separately and she is occupying the said flat. We are thinking of divorce due to incompatibility. I have a lot of items in that flat which is mine and i didnt take at the time of leaving the house. Now her parents and family members have occupied the flat and they donot allow me to enter the flat and take my stuff. Can i get possession of 50% share by any means??
Siddharth Jain
(Expert) 21 July 2018
Before answering your query, please state as to how the sale consideration of the flat was paid and in what proportion by you and your wife.
AMIT KUMAR
(Querist) 21 July 2018
Sale consideration was paid 90% through home loan taken by wife from her employer in which I am a co-borrower(my income was clubbed) and 10% by me through cheques. She is paying the complete EMI, I m ready to pay but her employer is deducting full emi from her salary
Stamp duty, flat insurance, registry everything done by me thru cheques including other furnishing charges.
But does it matter, The property is registered in the name of both of us with me being the first owner. I have to stay out and pay rent. Can I get 50% share for renting it out.??
Vijay Raj Mahajan
(Expert) 21 July 2018
Legally you can claim 50% ownership and she will challenge it by stating all what you stated here about her taking loan for 90% amount and her paying emi herself.
Best way out is to ask your wife your belonging lying in the flat, agree to take 10% of amount paid for flat from her, relinquish your share in the property to her and move ahead with divorce by mutual consent.
Rest if you like long term litigation please go ahead with advice of local lawyers around you, blood sucker leaches.
SHIRISH PAWAR, 7738990900
(Expert) 21 July 2018
You will not get 50% share in flat. You can ask your wife to return your belongings.
AMIT KUMAR
(Querist) 21 July 2018
Thank you Mahajan Sahab and Pawar Sahab for your reply.........
Actually I was paying/ reimbursing 50% amount to her till the time I was living there. I stopped reimbursing 50% emi when I was forced out.
I have to stay in rent in the same city despite being the owner myself. I am ready to pay even 50% of all the expenses but they donot want that.
Court cant give even 1 room to a 50% owner in a 3 bhk flat. Even when he is ready to bear all the expenses of flat equally.
Dr J C Vashista
(Expert) 22 July 2018
You are entitled/ owner of 50% of the flat and seek/get possession through Court, however, your wife may recover share of consideration amount, which she has paid or being paid.
