Archana singh 13 May 2020

Joint property separation

How can I get my husband's name removed from the property where he is a Co-Borrower and is not not taking an financial and social liability towards the property. He is denying to give his consent to remove his name as co-borrower. How this can be done?

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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 13 May 2020

1. IF Full /Part Property is declared in Husband's Income Tax Returns, THEN he will be deemed Joint-Owner for all legal purposes. This is irrespective of the Fact as to who pays the EMI or whatever.

2. IF Full Property is declared in Wife's Income Tax Returns and IF Wife can documetnarily prove her source of funds for purchase of property, THEN Wife can file Civil Court Declaration Suit, stating the facts and obtain directions to remove name of Husband from such property.

Keep Smiling .... Hemant Agarwal
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