2bhk - property rights of 2 joint owners
Rohit Maurya
(Querist) 05 November 2014
This query is : Resolved
I am the joint owner for the 2BHK in Mumbai with my mother as the 1st owner, my query is now we have decided to live separately,my mother is a widow & retired but owns 2 other houses also in her owm name.The investment done for this 2BHK was 50:50, she invested 20 lacs after selling one of her house and I took loan of 20 Lacs for which I am only paying the EMI of 20236/- from the start of it.Now my mother is asking me to stay separately with my wife & 1.6 years old son & asking me to sign the papers saying that I have no interest in this 2BHK and stay away.She alone wants to stay in that house with my sister, who is married & came here after her pregnancy. I have left no option of either selling this 2BHK & dividing the money or going away & stay on rent. She is capable to pay the balance EMI, but she is asking me to give her the NOC that I have no interest in this property & go away. What should I do, this is the only life time investment I have done.My age is 34 years now & working with good company.
Please suggest should I leave the property or how to divide the money.
ajay sethi
(Expert) 05 November 2014
you should not sign any such papers . you are co owner of the house and are paying installments on loan of Rs 20 lakhs taken by you .
you can request your mother to execute gift deed in your favour for another of the houses owned by her . then you would be willing to vacate the flat wherein you are presently residing
Rohit Maurya
(Querist) 05 November 2014
Thanks Ajay for your reply, but she is not willing to do that also.She only wants me to take the amount of repayment of loan which I have done till date, transfer the loan on her account and go away with my family.
till date i have paid 10.69 lacs as an EMI for the 20 lacs loan amount.
ajay sethi
(Expert) 05 November 2014
well if your mother is willing to pay you Rs 10.69 lakhs and is willing to pay balance EMis of loan you should have no objection in selling the 50%share in flat to your mother . in her will maybe she will bequeath you one of the flats she owns
Rajendra K Goyal
(Expert) 05 November 2014
Try to have amicable solution in the matter. Legal steps would increase complicacy. Since you would not be having any residence, ask your mother to give accommodation.
Take help of your relatives for an amicable solution.
Rohit Maurya
(Querist) 06 November 2014
I do agree with experts, the thing is I have given 3 options for solving this dispute amicably, but my mother is not agreeing to any of the options.the options which I have provided are below, can you please comment on it:
1) sell the property & take the 50:50 share for it & repay the balance loan amount also equally.
2) put the house on rent & divide the share, equally for deposit as well as rent - as she could shift in any of the other 2 houses she owns.
3)As loan account could not be transferred in her name, she has to pay me the EMI amount every month and I will stay away on rent with my family, because she had insisted & made such arrangements for this separation. We, my wife & myself never had in mind to separate or never demanded for it.
ajay sethi
(Expert) 07 November 2014
since your mother dosent want to sell house or give it on rent options are not palatable to your mother . your mother may stop paying EMIs in future . take the 10.69 lakhs offered by your mother and do hop she keeps her word of transferring EMI to your account every month .
ultimately it is your call
Rohit Maurya
(Querist) 19 December 2014
Sorry for the gap in above query as I was trying to resolve the issues amicably it took time, but the situation is more worst now. I approached my mother to pay me the half EMI or give me one of her flat to stay , but she is not willing to do any of the either. I approached home loan bank also for giving me some grace period for EMI, but they have also rejected it.
it is really affecting my livelihood, my wife & 1.8 years old son is suffering due to my mom's ego.
She is enjoying her life in 2BHK and I am facing the heat, by paying the rent as well as the EMI.Please suggest , can I go ahead with any legal action against this.
My sister is still staying with my mom, and enjoying her life there.
