Dev (xxx) 14 August 2013

Property dispute between husband and wife

Request Experts to please provide guidance.

I had purchased 2 bhk flat jointly with wife. However now there is no chance of staying together. We had given this flat on rent. Now she has removed tenants from there without my knowledge and she is moved in a different city.

All sets of keys are with her. Flat is mortgaged with a bank and original papers are with bank.

I am first owner.

Down payment was done by both (50 - 50).

Jointly paying EMIs(50-50) . Loan agreement is on both our names. Flat is on both our names.

I need my share along with appreciation and I am not interested in her share.

What are legal options available to me?

I have filed divorce petition but not included property matter in my prayer as I dont want to focus on this issue during divorce proceeding. If she raises up then its a different issue.

Kindly guide me.

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3 Replies

Advocate Rohit (Advocate) 14 August 2013

Don't even think to sell the property right now till the pendency of the court proceedings. you may go and stay over there and keep the property in your possession.

Regards,

Advocate Rohit Dalmia

9324538481

adv. rajeev ( rajoo ) (practicing advocate) 14 August 2013

You file a suit for partition, because you are the joint owner. If you are in possession of your part then don't go for partition suit. Just take the possession of your part..

You can also file an application to city survey authorities to make sub division in the property and allot the new number.

lakshmi 07 June 2016

Hi,

Good evening, me and my husband both together bought one falt on 2013 , i paid cash of 10 lakhs and balance we went for loan , we took loan on both name and resgitration also done in both names. he paid one year then after he left now from past one and half year i am paying loan , i am ready to pay wht ever his share he given but he is not coming to close and he paid only 3 lakhs i paid almost 13 lakhs , with interest i need to pay another 12 years which will come of 23 lakhs .so i want to sale the propery

Any suggestions for this how can i take up

Regards