Letter attached
DR. M R GAJENDRAGAD
(Querist) 05 February 2013
This query is : Resolved
30th January,2013
Addressed to the Lawyersclubindia.com
Dear Sirs,
I will be grateful if you would kindly indicate the legal position relating to the following disputes:
Background: I am a Sunni Muslim and gave my daughter in marriage to a Sunni Muslim Advocate. The man turned out to be highly selfish, besides being exploitative. Years after marriage I gave my housing site to my daughter (worth more than 50 lakhs)as Gift. Before registering the Deed my son-in-law prevailed upon my daughter to give him 50% ownership rights on the property I gave her failing which he would divorce her. Knowing the ease with which a Muslim husband can divorce his wife by uttering Tallaq thrice and the social stigma a divorced woman would carry, she agreed and both the deeds were registered within minutes the same day. Thereafter they jointly took Housing Loan from the Bank in which my daughter was working the husband giving an undertaking to the Bank that it can deduct 50% of the monthly installment from his S.B.A/C in the bank while the other 50% the bank can deduct from the wife’s salary. Within a month or so he left no balance in his A/C. However the bank continued to deduct from the salary of my daughter the agreed 50% of the loan instalment. Soon the loan became overdue and the bank served notices to both my daughter and her husband under the Securitisation At. Whereas my daughter received the notices, her husband evaded them by shifting his stay away from her. In the background explained legal position is sought on the following points:
1) Whether by clearing the loan (installments due are being cleared by her over the years) can she get back her Gift Deed pledged with the bank as seurity on the ground that she only fully cleared the entire loan or the bank can have legal rights to ask both the husband and the wife to come together to get the papers, even though they are no longer living together as husband and wife notwithstanding his failure to respond to notices sent by the bank under the Securitisation Act.
2) Whether the bank would make over the pledged papers to her as is done in the case of an unrelated Joint Borrower who fails to pay his part of the loan.
3).Being frustrated and having been disowned by the husband (who has married another woman with whom he has been living without providing maintenance to my daughter and her two children) my daughter has sought divorce which case has been adjourned for over 135 times due to the tactics of my son-in-law being himself a lawyer.
4) Assuming that she gets the Divorce sought, can she get back the 50% property taken by the husband under threat of divorce as per Sec.3(1) b and d of the The Muslim Women (Protection of Rights on Divorce)Act 1986?
Please give citations/references from the Rulings of High Courts and the Supreme Court.
With regards and thanks
Yours sincerely
ajay sethi
(Expert) 06 February 2013
your daughter has made a mistake by gifting husband 50%of the property . you have not mentioned what is the loan amount due as on date . ?
since both have jouintly taken the loan both would be libale for the loan . if overdue intallments are substantial let the prooperty be auctioned . your daughter cannot take back 50%of property gifted to her husband . once gift deed is executed , duly stamped and regd husband would be 50%owner of said property .
M V Gupta
(Expert) 06 February 2013
Answers to ur queries seriatum are as follows:
1. Bank may insist both the borrowers to give acknowledgement for return of the documents. However, better esquire with bank.
2.If the husband is not joining ur daughter to give ack for the return of the documents, your daughter may apply for return of her document. She may be required to give an indemnity to the Bank to indemnify it against any dispute the husband may raise later.
3. This does not call for any reply.
4. No. She may have to file a suit for annulment of the gift deed on grounds of it being bad in law due to coercion and undue influence etc.
R.K Nanda
(Expert) 07 February 2013
no more to add.
