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ghanshyam (Executive)     22 March 2011

Dispute over property under construction

I have booked a flat which is under construction and has been bought under flexi-payment plan.  The flat is being held jointly by me and my wife.  I have already paid 45% of the flat value. My wife is also earning .  The flat was booked within 6 months of marriage and the entire amount was paid by me. Now she is asking me to transfer all my rights into her name so that she could become the sole owner of the property and she wants her parents to stay in that flat. Now I need to take loan for making the next installment which is due shortly but she has been refusing to sign on the bank documents and since she is one of the holder of the flat hence her signature as coapplicant for loan is mandatory as per bank.  She is also not letting me sale the flat as her signature is again required. We had an argument over this and she had left for her parents house with all her belongings and has not returned till date it is more than 2 months now , we have not communicated since then.  The due date is fast approaching and I do not know what to do. If I take a personal loan to pay the due than I fear that I would become victim of their malifide intention. Kindly suggest what to do. She and her parents have been threatning to file false cases against us.



Learning

 2 Replies

M.Sheik Mohammed Ali (advocate)     22 March 2011

all wife and her parents threating all men, this is way of dire ill in all wife, sorry for your pathedic situation, any way you just make a complaint what you said at police station, this is for your precaution 

ghanshyam (Executive)     22 March 2011

Thanks for your prompt response at present I am not fearful of their threats of filing false cases as they did this earlier too but fortunately there were third parties such as neighbours and relatives present because of which I hope they would not succeed.

Right now I am more concern about the flat, I have already paid 20 Lakhs. I had to borrow from my brothers  as she refused to sign on the loan documents and the amount was required to be deposited within 15 days and Once again I am required to pay 8 lakhs as per the payment plan and the due date is fast approaching. Is there any legal way by which I can ask her to either pay the amount paid to the builder to me and take the 100% ownership OR to transfer her rights to me  and make me 100% owner without any consideration as she has not paid a single penny


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