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mrunaline kalla (self)     09 August 2012

Joint mortagaged property during matrimonial dispute

Jointly purchased registered a flat under bank loan being husband is first applicant and wife is co-applicant.

After that husband contributed only few partial House loan emis and there after stopped contributing and wife is paying the house emis from the begining thru neft transfers where she has the record. since Mar'11 to Jan'12, there was a mutual understanding between them and husband agreed to pay the emis where in wife will contribute other house hold commitments which is an equal to the house emi. but during the period that is Mar'11 to Jan'12, husband did not stand on his word and defaulted for the house emis and the wife had paid by way of cash excusing month on month. bank had issued a letter stating that his account is deactivated for the defaulted payments and asked us to contact them for further activation. since husband dint respond to this, wife has involved being a co-applicant and co-owner of the said property and activated her salary savings bank account and regularize the payments up to date. now wife is looking for a release order from the court that she will repay the housing loan to avoid the excess interest rates.she has filed a divorce case on cruelty. now husband says that she doesnot have any rights to claim the property as he is the first applicant. please suggest. wife is having all the payment records of the said house loan. 



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 4 Replies

rahul (director)     09 August 2012

till now, whatever payment husband made towards this property, you should paid to him and delete his name from fisrt applicatn and you become first and only onwer of this property

this advice assume on the basis that you dont want any money from husband in divorce and just wanna free on your own.

 

mrunaline kalla (self)     11 August 2012

thank you for your reply. request to kindly explain the procedure for removing his name from the registration office and as well as from the bank. if wife pay back the contribution to him, what is his responsibility towards the wife. He made the wife to face the financial debts. he never contributed singly paisa for even household things. and saved his money in a hidden mode throwing her in financial debts all the time. please suggest. now she is filing domestice violence in continuation of the divorce petition.

stanley (Freedom)     11 August 2012

It would have to be proved in court in the  proportion  the payments have been made by Husband and wife. Either party can buy the other persons  property taking into consideration the ratio of their respective shares or alternatively the property can be sold out and can be divided in proportion of their respective ratios . 

mrunaline kalla (self)     11 August 2012

Thank you for the prompt reply. as i have mentioned that she has all the bank records confirming the contributions she has made on very higher side than her husband and during the period from Mar'11 to Jan'12, he was defaulted for the house emis and bank had issued a letter. confirming that she has all the necessary records. please let me know how fast she can get this case effective favoring to her if she ready pay his contributions. and aslo explain me the procedure for the civil case/family case in continuation of DV. Thank you in advance.


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