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Let me be unknown (NA)     11 October 2020

Flat ownership issue with wife

Hi All, 

I am a software engineer by profession. I purchased a flat in Kolkata 7 years back, making my wife the co-owner of the flat who is doctor by profession. I have made 20% down payment and paid for the registration fees too on my own. My wife didn't contributed a single penny (flayt price 37 lacs and registration amount is more than 4 lacs, Kolkata). But first few couple of years he contributed about half of the EMI (15k out of 27k EMI amount). Our flat is financed by SBI on 20 years term. After initial couple of years as my salary grew I paid the entire EMI on my own. All the household objects (TV, Freeze, 3 ACs etc) are purchased by me only. Electric bill, mutation charge and property tax all are paid by my own. The loan in SBI is on both of ours name (me first party and my wife second party). 

For last 6 months my relationship with my wigfe is not very healthy as my inlaws are brainwashing her against me and even she filed GD against me in local police station with baseless charges (not in mouch trouble yet as I always stayed honest and those charges are baseless). But she always demands that out flat being in both our name, we both have equal rights. Though she denies to pay a single penny for flat EMI, electric bill or property tax. The ownership I gave her just out my love and compassion, she is using that to her advantage.

How Can I get out of this mess? 

1. I am ready to sell the property to her if she is ready to purchase (I am sure she will not)
2. I am ready to pay her contribution and make the entire property in my name (I am sure she will not agree that too)
3. Should I approach bank? as the property being in loan bank is the actual owner at the moment. Should I inform bank that I don't want to carry on with the loan?
4. Any mutual settlement possible under law?



Learning

 3 Replies

H.JanakiManohar Rao (lawyer)     12 October 2020

If u want flat to urself u have to prove that total amount paid by u only and ur wife never contributed .Then u can claim the flat.If she contributed it is not possible fr u to purchase without her offer.If large amt is pending in bank u do not pay the instalments.Let bank take action.

G.L.N. Prasad (Retired employee.)     12 October 2020

The proper way is seeking a family friend or relative and get this specific issue settled before him and then contacting advocate for such legally valid process to get the property in one name.

P. Venu (Advocate)     12 October 2020

I am too tired to make any further suggestion.


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