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Title suit against estranged wife who does not pay emi

(Querist) 07 October 2015 This query is : Resolved 
Property purchased in 2007.
Property in joint names.
Wife is co-borrower of loan but has not paid a single penny since 2007. EMI is outstanding.
Couple separated in 2010 and living separately.
Husband now resides in this property while wife resides in the matrimonial home which is also in joint names.

Questions
1. Can I file a declaratory suit praying for declaration that property belongs to me only.
2. Does Benami Transaction Act applies to "wife"
3. What are my chances of winning such a civil suit. Are there any citations as above.
Kind regards.
SAINATH DEVALLA (Expert) 07 October 2015
1.yes U can file,as U are living separately since 2010.
2.No
3.U must have cleared the liability on the property by this time.
4.citations not available.
Sudhir Kumar, Advocate Online (Expert) 07 October 2015
why couple separated?

who has the tile of the house where wife is residing?

what cost husband is incurring on her maintenance including residence?
Rohit Garg (Querist) 07 October 2015
@Sudhir ji
Couple separated on account of DV filed by wife.
Property where wife is residing is also in Joint name.
In DV case interim was paid to her @12000pm for 1 year after which wife withdrew on her own accord and again filed 125 after some time. Interim was denied to wife but allowed for child @10000 pm. Wife started working and thus withdrew her name from 125 claims. Dother is fighting.
Husband is not incurring any other costs wrt to her residence except some expenses towards daughters dresses gifts mobiles etc.
Rajendra K Goyal (Expert) 07 October 2015
You can not get the full right of the property till you reach at amicable settlement or decided by the court accordingly.
SAINATH DEVALLA (Expert) 07 October 2015
Rightly concluded by Adv Goyal.
Sudhir Kumar, Advocate Online (Expert) 07 October 2015
agreed with Mr Goyal


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