Home loan declaration suit on joint property

Yes. U may file a declaration suit. But chances of success doubtful. Alternatively u have to get a relinquishment deed executed by your wife and get it registered.

Dear Sir,

Thank you for your response.

You have mentioned the chances of success for decleration suit is doubtful - Can I know how the court considers this issue after providing all the details of Home Loan and EMI evidence

Regarding Relinquishment deed she will not agree for this as her parent's main target is to grab this property.

Can you please clarify this - If I stop paying EMI's, the Banker will go for Auction for the said property in some time, After deducting the balance principal amount, will they transfer the difference amount to my account or to both of us.

Looking forward for your valubale information

With Regards

As the property is stnding in the joint names of  urself and ur wife, the excess proceeds will be credited to the jt A/c. As regards the declaration suit, the courts would generally treat that the property has been purchased by the husband in jt names with wife with a view to safeguard her future. It may not cut ice if u plead that u purchased it in jt names under duress. It needs a strong and unrebuttable evidence.

Dear Sir,

Thank you so much for detailed clarification and explanation to my queries.

For any further information will get back to you.

With Regards

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