Joint Property-divorce

Guest
(Querist) 04 April 2011
This query is : Resolved
Me and my wife separated in the year Dec'2006 and got divorce decree. After few months in March'2007 she returned back to my home with children and we started living peacefully. in 2009 we have purchased a flat in Delhi. We registered the property as co owners (As wife and husband, I am the first owner and wife as second co owner, Her name was mentioned as wife of me) and taken home loan jointly, me as main applicant. The flat was purchase on my initiative and mainly saving from my salary and other allowances like 65% from my side and remaining 35% from her side. Since then I am paying all the EMIs from my bank account. Even for registration amount I have taken personal loan. Now in 2011 again we have differences, she left the house with children. I want, I should have all the rights over the property (flat).She is ready to give power of attorney and ready to relinquish rights over the flat. How can I proceed? Is it possible to get legally thru irrevocable POA or any other option like thru release deed? I want to avoid future problems and litigation's later over the property. Neither my ex wife or children should not claim any right over the property, after paying all the EMIs for the next 16 years and money ,I do not want to loose the property as it is the only investment I have got now after the separation.. I do not want to repay all the registration charges over the half of the cost of the flat, also circles rates also increased in Delhi..
Please note
1. I want to have full rights over the flat with out any problems or litigations either from my Ex wife or children
2. She is ready to cooperate in giving POA or signing any legal document. In this respect we did not have any issue of non cooperation/fight among us etc.
Kindly advise me
Jitendar Kumar gupta
(Expert) 04 April 2011
you have complicate problem . you can get the share of your ex wife if she execute Relinquishment deed in your favor as well no objection for the transfer of the right.
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