Shared property

abhishek (Querist) 26 April 2014 This query is : Resolved
Greetings to all !

My Question is : I have recently purchased the flat in U.P and during registry I have made 50 % share to my wife in the property , now she ran away from house and not allowing me to sale the property . full payment of property I have done , also loan emi I am paying , is there any way to get my share as 100 % , she has not spend a single rupee in this and just wanted the money . I want to sale the property but she is not doing sign on papers . Please suggest .

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Devajyoti Barman (Expert) 26 April 2014
Sorry without consent of your wife you can not become its full owner. Better offer her market price of half value of the property and get a gift deed in your favour.
You have no other option.

M.Sheik Mohammed Ali (Expert) 26 April 2014
you can get permission from the court, once proved that you are the real owner, and bona fida purchaser, she is binami name.

abhishek (Querist) 26 April 2014
Sir
what are the ways of proving that I am a real owner. every EMI is given from my bank account which is on my name.

R.V.RAO (Expert) 27 April 2014
agree with sri barman ji. once stamped and registered as property in joint names, sro also cannot change it.

Rajendra K Goyal (Expert) 27 April 2014
Amicable settlement with your wife is the way.

You can settle now otherwise all future EMI paid would add in her share in the property.

T. Kalaiselvan, Advocate (Expert) 30 April 2014
An amicable settlement with your wife for joint selling or you can sell your share in the undivided property and torture her, if you intend to do so.

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