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Biswajit C (Senior Software Engineer)     04 May 2011

Property possession law


My wife is willing to purchase a flat. As per her salary structure, she can avail home loan in her name. I have some questions on this ::

a) Is it legally compulsory for husband and wife to request for a home loan? Isn't it possible that the loan can ONLY be taken by my wife's name? I already have some liabilities on me (personal, educationa loans) and hence do not want to request for home loan jointly.

b) Even if it is mandatory to request jointly, during property registration, can the property be named only in my wife's name?

c) As my mother-in-law is contributing largely in buying this property, can her name be included as joint owner, alongwith my wife?

Please help.



 2 Replies

ambrish (service)     04 May 2011

Dear Biswajit

Reply as under

Query 1. there is no such legal compulsion and it depend on banker whether they are comfortable to sanction loan.

Query 2. No, It is not mandatory.

Query 3. Yes, it is possible to join as joint owner.

We recommend to read a very nice book on this subject :

‘A legal guide on precautions before property purchase’ In Hindi Language.

Book is available at : Nirdaliya Publication, Mr. Kailash Shrivastav, F-35, South T.T. Nagar, New Market, Bhopal (MP) 09424443401, 07552772406. preview available at




avinash (Manager)     04 May 2011

no need to appy jointly if the u r wife is eligible  loan amount required by you.

If you go for joint loan the it is mandetary to register on boths name.

bank not allowing even your fathers name as contributor owner.



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