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minal   15 October 2022

rights of co applicant over property as his name is ther on home agreement

wife purchased new flat n in good faith
put his husband name as co applicant in agreement, whos is not working not earning. wife is paying home loan as she is primary applicant. now husband is harassing wife, so tat if something happen to wife he will own the flat as in home agreement his name is ther as co applicant. what to do , can he claim rit over the flat. what should wife do, his husband is mentally harassing he

plz suggest. thanks in advance
minal


Quick Summary
This discussion concerns a wife who added her unemployed husband as a co-applicant to a property agreement for a flat she purchased. She is solely responsible for the mortgage payments. The husband is now reportedly harassing her, claiming he will own the flat if something happens to her. The advice suggests that if the conveyance deed hasn't been executed, his name could potentially be omitted by executing a new agreement to sell. Consulting a local solicitor is strongly recommended for professional guidance.

 3 Replies

Bal Mukund Shah(9826310378) (Advocate)     15 October 2022

when wife is burdon to garnter then liblity is wife when she in not garnter then she not paid loan amount main libilty is husband and pay loan 

Dr J C Vashista (Advocate)     16 October 2022

Conveyance / Sale deed is yet to be executed and registered where name of husband should be ommitted which has no affect on the parties to the "agreement to sell"..

or

His (husband's) name may be got removed from subject "agreement" by executing a fresh "agreement to sell".

It is advisable to contact and consult a local prudent lawyer for better appreciation of facts / documents, professional advise and necessary proceedings.

P. Venu (Advocate)     16 October 2022

The facts posted lack clarity. Is it only an agreement and that deed is yet to be executed? If so, what is the relevance of home loan repayment?


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