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LEGALHELPREQUIRED (ABC)     03 August 2008

PROPERTY IN JOINT NAMES - HUSBAND AND WIFE...

I have a query regarding a house property taken jointly in the names of my Husband and myself.

The story goes like this. The flat was purchased in the Joint names of my Husband and myself with the intention of getting tax benefits to both of us by paying equal amounts to the instalments. It was taken against a Loan from LIC in his name and me being a co-obligant.

After 2 months, my husband said that he will not pay the house instalments and that I have to pay in full. So, I have changed the ECS to my account completely.

Now, I am requesting him to sell the house as I am burdened with the instalment amounts. But he is reluctent to sell saying that I should pay 2.5Rs. interest on 12.5lakhs (half of 25lakhs loan taken) for the period from dec 06 (Date of regn) to till date. (he says that he would have lent it to outside parties... at 2.5rs. interest had he had that money). Till I such amount he will not allow to sell the house.... Pls suggest whether he has any right over the house? what is the way to get his consent to sell the house.

Or what is the legal support that I can get in this issue If I want to sell the house.

 



 11 Replies

Gaurav Pandya (Advocate & Registered Trade Mark Attorney)     04 August 2008

You can not sell the flat withouth your husband's consent.


You can file civil suit against your husband.


You can call me : 098985-98184

K.C.Suresh (Advocate)     04 August 2008

Your right is confined to the orginal purchase deed. You can sell the proprty on an agreemenmt with your husband for future payment which you may come on terms. The situation not in favour of you.

Srinivas.B.S.S.T ( Advocate)     04 August 2008

If the purchase deed is registered in
both of your names then your husband will have equal share in the
property. But as you are saying that you have paid more amount than
him. YOu can file a suit against your husband by showing your bank
statements. But my sincere advice is to go for concelling and findout
an amicable solution.

Brindha (Legal - Manager)     07 August 2008

You agree to pay further installments only if  he releases his share in the property in your favour or negotiate for a joint loan account. Even if you refuse to pay the loan amount, the property will be attached by the bank which may not be liked by your husband.

Ravi Srivastava (lawyer)     18 August 2008

i will go further threatnen your husband that you are going to sell your share in the property

Ravi Srivastava (lawyer)     18 August 2008

i think that your relationship with your husband are very strained hense if you wish to settle this dispute take help of a good lawyer who will guide you to put pressure on your husband and in the consequence he will settle all disputes.


 

Guest (n/a)     19 August 2008

I want to find out if I can re register my flat ( I have bought this flat with my money) with my friend and with will to state that the flat should go to her after my death.  I dont want it to go to any of my family members. Can I also state in my will to over rule any nominees I had ever put for any of my family memebers and all policy money to be given to my friend. Is it possible?kindly guide!

Mr. Gaurav Pandya (Advocacy )     20 August 2008

Prernaji,


As per your call and detail -


(1)  You can not sell the flat withouth your husband's consent.


You can file civil suit against your husband.


(2) Without your husband's consent, re register is not possible as per the law.


(3) Will :       The will is only legal and valid for your 50% right.


(4) Nominee:   No person can chalange your will of 50% share.


For full details - you can send us zerox papers to us.


advocate_pandya@hotmail.com


Ph. No. 098985-98184


 




 

Guest (n/a)     27 August 2008

My Querry is that the property we are having is in the name of my father and mother.  Now Father is not alive.  We are three brothers and one sister. After a few years of marriage, her husband left her in her mother house with her two children one son and one daughter.  Now her son age is 24 and daughter is 22. They are living with my mother from the childhood.  Now my sister is also died few years back.  My youngest brother got married in a temple without the concent of parents and started living separately. He has a son who is now two years old.  Last year he met with an accident and died last year.  Now our family is -- my mother living with my sister's son and daughter in the property in question.  The wife of my youngest brother who is no more, has put me, my mother, my brother and the son of my sister in many litigations including Domestic Violence and Women Cell.  She never lived with my parents in the property in question.  There is no stay on the selling of the property.  Only she is demanding that she want to live in the property in question.  Property consist only two rooms which is barely sufficient for my mother, son, son's wife and daughter of my sister.


Now we want to sell the property.  Can we sell it ?? or what we will have to do to sell the property in question.

Mr. Gaurav Pandya (Advocacy )     28 August 2008

(1) All brothers-Sisters & Mother are the co-owners of the property.


(2) Any brother-sister died, his/her legal heirs are also become co-owner of the property for his/her only share.


(3) And You can't sell the property without consent of all legal heirs - Co-owners.

Gaurav Pandya (Advocate & Registered Trade Mark Attorney)     01 September 2008

Bhallaji,
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