Co-owner house needs to be sold

Nitin (Querist) 04 April 2013 This query is : Resolved
Hi ,

Me and my wife is a co owner of the house but the loan is taken only in my name and i am paying the emi's and repayment of loan.

In this case can I sale the house myself and do the consent and signature of my wife is needed.
I want to purchase another house in delhi for which i need to sale this house as i do not have enough budget.
Also some problem in marriage relation so,please suggest the way.

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prabhakar singh (Expert) 04 April 2013
You can not sale the whole alone when both of you are co-owners.

ajay sethi (Expert) 04 April 2013
wife is co owner of flat her consent is must

Nitin (Querist) 04 April 2013
sir but I am paying the loan any other way out

M.Sheik Mohammed Ali (Expert) 04 April 2013
you must get consent with your wife, if she not accept, than file partition suit before the court.

ajay sethi (Expert) 04 April 2013
even if you are paying loan your wife is co owner . she has 50%share . hence her consent is necessary

V R SHROFF (Expert) 04 April 2013
Jt Ownership may keep you together.

It seems you will part house as one of the terms of MCD.
no other go.

Raj Kumar Makkad (Expert) 04 April 2013
No more to add in the given replies.

Devajyoti Barman (Expert) 04 April 2013
do as per the advice above.

Devajyoti Barman (Expert) 04 April 2013
If your wife has problem to be present in selling the flat then get POA in your favour.

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