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Vinit   01 August 2019

Bank is not ready to registry of property.

Dear Sir, Thanks to provide the such type of plateform to take decision further. My Query related to property.  I have Property in Indore MP, and home loan with HDFC bak. Actually I am divorced. When I purchased the property as builder asked me to apply joinly for this property. and was applied with my ex wife. hence loan was also disburded for both. for this property I m application and ex wife id co Applicant. later some amount was paid by ex wife whihc I had already returnd (I have affidevit by her whihc clearly mentioned that she got her money I am free to to sell/register this property, she dont have any rights on this property.). samething also mentioned in Divorce decree , with specific amount and check no. as well. she already submitted the letter to builder with the same intension that if she get the money she dont have any objection to register this property in may favor. when i go to Bank for removing her name from bank Loan , they are asking me to sign the doc by her physically. whihc is impossible for me as now she is not ready to come bank. here i have two things --1. as the name is not remving , bank is not ready for register. 2. as bank is not ready  builder and bank both are not ready to update Allotment lettre (which has both the name). As of noy passesion of property is mine and since starting I am paying ALL the EMI for the Loan.   Could you please help me to guide me , should i got for CIVIL suit, if yes please let me know who will be party/parties.?   Please note I paid all the money to ex wife since March 2018.   Thanks in advance for help.

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 4 Replies

G.L.N. Prasad (Retired employee.)     02 August 2019

Contact your advocate and file a declaration suit praying for declaration that the entire property belongs to you alone basing on documents executed by your ex wife.  Before that issue a legal notice to Bank and builder demanding for registration in your name basing on documents and they may issue notice to ex wife and seek her NOC themselves, enclosing copies of your documents.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 August 2019

You can file a declaration suit in civil courts. Section 34 of the Specific Relief Act – Discretion of Court as to declaration of status or right.Any person entitled to any legal character or to any right as to any property, may institute a suit against any person denying, or interested in denying, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled, 

P. Venu (Advocate)     02 August 2019

The posting lacks clarity. Please post simple facts.

Vinit   03 August 2019

Thanks Sir,

Please let me know what needs to be clear , I am describing issue again

We have Purchased a Duplex on 2012. till date I am paying EMI for this , Loan was disbursed from HDFC Home Loan.

we have divorced now (Decree executed on May 2019).

For the Property , ex wife paid some amount , that I returned last year march. and she has signed affidevit of rs 1000 Stamp Paper. in which she accepted all the amount which she paid got from me and now she does not have any right to this property and I am Free to registered property or buy or sell etc.

same has been mentioned in Decree as well.

I submitted these docs to bank but bank is asking me to bring her physically for sign, As in Loan she is also co Applicant. On Allotment letter her name is also involved. as the loan has with both the name bank is not ready to remove her name without her physically sign. As the name is not removing from Loan Bank is not ready to update Allotment letter and hence not ready for Registry. As bank is not ready Builder is also not ready. As of now Property in my posession.

he also sent an letter to builder that if she get her money she dont have any objection if builder register this property in my favor.

Please let me know if still my post is not clear.

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