ghanshyam (Executive) 22 March 2011

URGENT PLZZZ HELP ME

I have booked a flat which is under construction and has been bought under flexi-payment plan. The flat is being held jointly by me and my wife. I have already paid 45% of the flat value. My wife is also earning . The flat was booked within 6 months of marriage and the entire amount was paid by me. Now she is asking me to transfer all my rights into her name so that she could become the sole owner of the property and she wants her parents to stay in that flat. Now I need to take loan for making the next installment which is due shortly but she has been refusing to sign on the bank documents and since she is one of the holder of the flat hence her signature as coapplicant for loan is mandatory as per bank. She is also not letting me sale the flat as her signature is again required. We had an argument over this and she had left for her parents house with all her belongings and has not returned till date it is more than 2 months now , we have not communicated since then. The due date is fast approaching and I do not know what to do. If I take a personal loan to pay the due than I fear that I would become victim of their malifide intention. Kindly suggest what to do. She and her parents have been threatning to file false cases against us.

Right now I am more concern about the flat, I have already paid 20 Lakhs. I had to borrow from my brothers as she refused to sign on the loan documents and the amount was required to be deposited within 15 days and Once again I am required to pay 8 lakhs as per the payment plan and the due date is fast approaching. Is there any legal way by which I can ask her to either pay the amount paid to the builder to me and take the 100% ownership OR to transfer her rights to me and make me 100% owner without any consideration as she has not paid a single penny.
If not, Since the amount paid is only 45%,hence I hope legally I can ask her to make the payment for the balance amount as the contribution should be 50-50% (legally I suppose) for 2 joint holders. But now I do not want to take loan and want to get my money back and buy a flat in my parent's name. In this case, if I refused to sign on the loan documents I hope she would then left with no choice then to transfer the flat in my name.

My married life had been Extremely bad but I am not thinking on the line of divorce yet.

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2 Replies

Darshan Panchal (Advocate) 22 March 2011

u can show the bank that entire amount has been paid by you and not a singal penie by your wife and it is only for the sake of convenience her names is there in the records. Secondly if the flat is under construction, how do u and ur wife own it jointly? whether any document has taken place? whether anything specific mentioned in any such document?. if the flat is under construction and if u have been issued allotment letter by the builder, then get a new allotment letter issued by the builder. I hope there r no other documentary proof which goes to show that u r wife contributed to the flat in any manner.

ghanshyam (Executive) 23 March 2011

Dear Panchal Sir,

You are right. The builder has given allotment letter which says that said flat is being jointly held by her and myself. I had made her the first holder and I am the second holder. The builder is asking for two affidavits from the person whose name is to be deleted (my wife in this case) and two affidavits from the other holder in whose name the rights are to be transferred ( Myself). All communication by the company is being sent to her email id as she is the first holder, however there is no mail at present in her mail box and earlier mails have already been deleted. The allotment letter and all documents related to the flat are with me only. My Wife would never sign any such affidavit. I doubt that she does not even know the flat number which we have booked.

She has not contributed even a penny. The entire amount was paid by me only through cheques, I paid 2 lakhs from my own salary account and balance from the account which is being jointly held by My mother, father and myself. My mother is the first holder. The cheque given to builder for balance amount was signed by me only. I do not know, but just to check legally , can I say that I took loan from my parents which needs to be returned even though I am one of the holder of the account and since we have not returned the amount hence the flat as per commitment needs to be transferred in their name, even though the cheque was signed by me and I am also one of the holder from which the amount was paid.