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Anil kumar Jha   17 April 2016

Co-owner rights and responsibility

Hello Sir
I am co-borrower for a home loan where primary borrower and third borrower exist.
Primary borrower pays the emi from his salary. The same three names are present on property. Second borrower i.e. me has not given any security to the bank. I was included on property and loan only to increase the loan eligibility of primary borrower.

My questions are as follows

1. In case primary and third borrower are unable to service the loan, can i file suite against them to sell the properties and pay bank?
2. Can i claim ownership rights of the property on the basis that my creditworthiness and financial status was used by primary and third borrower to increase their eligibility for the loan?
3. Can primary and third borrower file case against me to giveup my rights on property without considering my non monetory contribution mentioned above?
4. Do i need to make payments towards loan and create my interest in the property? Or by virtue of having my name on property i have owenership right?

Thanks
Anil Kumar Jha



 1 Replies

Kumar Doab (FIN)     17 April 2016

The borrowers are equally responsible for payment of home loan.

The home loan is a secured debt and in case of non payment of debt by borrowers ( severly or jointly and/or by guarantors) the bank has the right to sell/auction the property to recover  principle amount+interest.

Till the home loan is cleared you can't sell.

If you are not contributing/paying say 1/3rd of loan then it is your internal matter and bank has nothing to do with it. 

If you are not contributing/paying say 1/3rd of loan then it is your internal matter and other property share holders can ask you to lower your share proportionately.

 


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