Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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nominee rights

(Querist) 20 April 2010 This query is : Resolved 
hi,

my left me and she had gone for divorce which will be finalised in 2-3 mnths.i had purchased a flat which is in our both names and i m paying all the EMI's for this falt.now at the time of posession my builder says it is mandatory to have my wife's signature for getting possession of the flat.is it true?what if she denies to sign and asks for share in property?
R.R. KRISHNAA (Expert) 20 April 2010
It is not compulsory for your wife to jointly sign with you to obtain possession. One co-owner is entitled to obtain possession on behalf of the other.

If you have all the proof (documents, bank entries) that you have paid the amounts for the flat then certainly you can claim the flat as your own. If your wife disputes your rights, you can file a suit for declaration to declare the flat in question has been purchased out of your funds and you wife has no share in it and get a declaration that you are the owner of the flat.
Raj Kumar Makkad (Expert) 20 April 2010
Builder is not a court so he can demand the joint possession as per letter of allotment. It hardly matters who is paying the installments.
N RAMESH. (Expert) 21 April 2010
I agree with Mr.Makkad

As per records your wife remains co-owner. Nothing wrong on the part of the builder to ask your wife's signature.

Further she is entitled to half share in the property and she can ask for it.
rahul (Querist) 27 April 2010
but i want possession of flat as of now.she paid 1.5 k i n mutual understanding.now if she is demanding for the same is it wrong as per law?if yes then all wife after seperation can ask for all contrubution made in married life........which is wrong.
M/s. Y-not legal services (Expert) 07 October 2010
Agree with mr.rajkumar


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