Pls guide

if you have taken bank loan in joint names, your registry should be in joint name. In case, your husband gives a NOC to bank stating the entire flat be registered in your name, it is possible. but have to make sure who will give loan amount to bank. As you have said that he is not co-operating with you, it may happen that after registration he will stop paying EMIs. As a result, bank will attached your flat & you will end up without flat & huge liability on your head.  

Thanks so  much for your reply...but he can anyways stop paying the EMI when the property will be in both's name or will it be a different case?

And also in case the bank attaches the property to whom will it reimburse the remaining difference amount?

1. It is not clear from your query before us if you contributed regularly in its EMI payments.
2. Be it so if the said property allotment letter is in joint names then in case any challenge before Court your side will obviously lay claim as you are its 50% share holder. But in order to challenge this proportion (50%) both of you have to in details provide evidence about your total contribution in making / purchasing of this property such as your contribution in the household expenses through your salary, your actual salary during your stay with your husband, your actual contribution in initial payment in purchasing of the property, etc all these will be taken in account while defining your actual share in the property.
3. If he agrees to relinquish his share title then he can do so and in such case bank will re-calculate future loan payments based on payments made so far r/w your eligibility and balance will be adjusted EMI which will solely fall upon you as being its sole owner. Here you have to see if you have financial cushion to sustain sole EMI payments which from joint has now fallen on sole shoulders.
4. If he does not agree to relinquish his share title then he should be asked to compensate you financially based on its parting (present) market value and then in such case you revoke your share title and he becomes its sole owner and with such (financial) compensation you look for shelter of your own choice post divorce.

Here the catch only is on understanding current market value and future appreciation value of said property where many couples get struck to make final call on and thus divorce be it mutual lingers on.

Does that mean that if ihave not contributed in EMI payments i cant lay claim for any kind of share?

1. That is where all controversies erupts between couples and my guess was correct thus I asked what I have to ask you in previous para 1.
2. The language of my earlier reply was very clear and I have not used Benami Transaction Act principles or injunction / restraining prayer for an Order process flow or even direction to builder to transfer share certificates on sole name etc. where one can say the earlier reply language is confusing or legal worded.
3. Your position as of today if he has paid all EMI’s is that of Ostensible owner just by being his legal wedded wife and thus you have to prove if you have paid the EMI to claim 50% or any share or thereof while parting from him.
4. I also mentioned in my earlier reply to ask him if he can proceed on mutual consent route where you revoke your claims on said property and gives you monetary compensation in lieu of your ostensible owner claims of future which is obvious your advocate (if any hired in future) will lay claim on your behalf before Court which will all take years to decide and meanwhile it is obvious some injunction / restraining order prayer will also come into picture from your side.

Good explanation by Mr. Tajobindia