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(Guest)

Is it legal?

Wife has  filed divorce 13 1 ia , I have filed RCR. genuinely asking her to come back. But she refused to join & staying with her parents

I have purchased 1 flat at mahad (Maharashtra) for investment purpose 2 years back before divorce petition (This flat is not our matrimonial home). I m the sole owner of the flat. For availing loan for the flat i ve used her salary slips with her consent for eligibility purpose. But never used her money for down payment or emi towards the loan. In short i ve completely paid all money for flat & i m the sole owner of that flat. Only she is co applicant in the loan.

Now In her divorce petition she has claimed that i should not create third party interest in that flat & stating that in order to secure a shelter in shared household. But that is not our matrimonial home.

There is no injunction order on that flat as she did not give any interim application for interim injunction on flat

So

1.can i sell that flat coz i m not getting any appreciation on that flat & i m  paying huge interest on loan taken

2. Does she have any rights on that property

3. If i sell that flat Can she object legally?

PLs  PLs reply

 

Thanks



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     01 November 2013

First clarify her status in the property.  You have mentioned that she is a co-applicant for loan, it means the title over the property is already conferred on her (?), If you have just used  her salary slip alone for the purpose of loan, she cannot claim any right over the property except her interests as a spouse of the title holder. The divorce petition will not entertain her application for stay restraining you from alienating or encumbering the property, there is no provision for that provided you are the absolute owner of the property.  If there is a home already where she resided and she is eligible to reside, that can be her matrimonial home hence as an absolute owner of the property you can go ahead with the disposal of the property as per your wish.


(Guest)

Thank you sir.....

I m the sole owner of the property.. Her name is nowhere mentioned in sale agreement /sale deed. Only her income has been shown along with my income to avail loan.So her name is appearing as co-applicant in loan agreement only. nowhere else. & that is also not our matrimonial home

In this situatation as per your guidence i assume that i can sell that flat at any point of time.

Thank you


(Guest)
Sir waiting for reply

BAALASUBRAMANNYAMM (Advocate)     02 November 2013

Mr.Kalaiselvan has replied properly. When you are perfectly confirmed our doubts, you go a head for alienation. In the existing case, your wife could not be  able to seek  injunction against your flat. 


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