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noina arora ( )     25 August 2014

Mysterious story with no end.

I got married in 2005. Me and my husband purchased a joint property in 2005 end. Thought we purchased it together, my inlaws wanted my parents contribution in property installments. Home loan we got was on joint name. We had a daughter in 2007. In 2009 my husband fled away from house in lure of greed and ego. Me and my 1.5 years daughter were left behind to manage everything. He filed for a divorce based on cruelty in 2010. I managed to bring up my daughter in a decent way since I was working. Moreover, also managed to pay the entire backlog of home loan installments and regularized it.

5 years passed me being a single parent and managing everything without getting even a single penny from him. The divorce case in lingering in the court. After 5 years my husband has filed another case for suit of temporary injunction of property and got an interim order from the court to stay in the same property where me and my daughter were staying. He got the right to stay based on false grounds. 

He and his parents break open the locks of the house where me and my daughter are staying telling everyone it is a joint property so they have full right. Though we have got stay from high court but in vain.

Now I am paying all the installments of house and they staying and enjoying. What do u suggest shall I continue paying installments or stop. If I stop house which I have made with all my efforts will be an NPA and go in auction under SARFESAI. 

Please suggest.



Learning

 4 Replies

Tajobsindia (Senior Partner )     26 August 2014

1. If you have an seasoned advocate to your side then consult with him and file S. 27 HMA Petition r/w S. 151 CPC Application for disposal of joint property belonging to parties.
2. Mind it, the words ‘which may belong jointly to both the husband and wife’ in the S.27 HMA show conferment of an enabling power to deal with jointly owned properties also but do not restrict the Court’s power to such properties alone. It was also held that in the view of S 21 all, powers of a Civil Court are available while dealing with the proceedings under the Act. Hence can pass an order under Order 6, Rule 7 read with S. 151 CPC.
3. So far as your other facts are concerned my advice would be to keep meeting the installments as such acts are not mysterious at all but comes within acrimonious litigation of parties r/w their respective legal rights. At the end you will benefit most probably is my view on your other facts.


[Last reply]


stanley (Freedom)     26 August 2014

@ Author . 

 

1. This being a joint property your husband has every right to stay in the property and you cannot kick him off.Hence it is but natural that the court has passed an interim order for him to stay in the property .

2. As for your child you can seek maintenance from your husband or a one time settlement for the child , Remember maintenance is is co-extensive. Alternatively maybe with the one time settlement of maintenance for your child you from your husband you can pay off your husbands share of the property or maybe you can take an additional loan on the property to pay of your husbands share and trasfer it on your name ..

3. One option is to dispose of the property and divide the proceeds of the property and another option would be that one can buy the others share in ratio or  proportion that each of you have invested .Taking into consideration the market value and the installments that are pending to cover off the loan .

Biswanath Roy (Advocate)     28 August 2014

Go on paying EMI.  Serve a demand notice demanding 50% 0f the EMI  you have already paid.  If he does not pay file a summery civil suit against him to recover your money and obtain an attachment order over his 50% share.in the property.

T. Kalaiselvan, Advocate (Advocate)     30 August 2014

Since this property is a jointly owned property,both are liable to repay the loan amount equally, but since you only have been paying it from beginning and you have records for it, you can very well claim half the amount from him by  filing an application in the same court.  take the advise of your lawyer on this as well as other issues and handle the situation.


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