Akshay Misra 02 January 2019

Registry of flat

I purchased a flat, in which I m applicant and wife is co-applicant in BBA. I have taken loan and paid every installments from my side. Now due to marital disputes, I have received final demand letter. Now builder is saying possession will be given after registry.
Now my question is can registry be done on my name as I am the main applicant. she has declined to give NOC. How to solve this problem? what should be way forward, can cancellation or case can be way forward. plz guide

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3 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 02 January 2019

As per your query, you and your wife have jointly purchased the property. so she has right over the property, though you repaid the loan as the flat is in joint name. You have not yet divorced. so amicably settle the issue with the elders of both families and well wishers. otherwise consult an experienced Advocate of your area.

Akshay Misra 02 January 2019

Can I do registry in my name, in builder buyer both names are there. I have took loan from govt Dept. Can cancellation be an option though I have paid 95% till date.How much time will take to suit to decide?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 03 January 2019

According to the Transfer of Property Act, a co-owner has a proprietary right to the entire property. So, any transaction needs to be done with the consent of all the owners, unless specifically mentioned in the agreement. The co-owner has full rights to decide whether to reside in it, give it out on rent, or even sell it.