Property issue

Querist : Anonymous (Querist) 30 March 2011 This query is : Resolved
My problem is regarding our house in Delhi which is bought through the bank loan.And the bank loan is on three names, my husband,his elder brother & his wife.All three of them were agreed to pay the bank EMI equally as these three were the main earning members of the family.The registry of the house is also mentioning these three names.But later my husband's elder brother & his wife refused to divide the bank EMI in three parts & started saying that they will pay only half of it.But actually they never paid anything .Since the beginning of the loan my husband is the only person who is paying the entire amount of EMI.Now husband's elder brother & his wife are living separately due to some problems between them.They may also take divorce.We are also not staying in that house because my husband's job is not in Delhi.But we have to pay the EMI of the bank loan because my husband's old parents are staying there.My husband's elder brother is not ready to take his responsibility.
Kindly advice what can be done in this case.We will be very grateful.

Follow Query

Report Abuse

R.Ramachandran (Expert) 30 March 2011
You can take steps to ensure that the EMI is paid by your brother and his wife, in case they want any part of the house in their favour to continue.
Since the house is located in Delhi, you have to consult a local lawyer in Delhi. It is very much possible to safeguard your interests, since I believe much more EMIs are yet to be paid.

Devajyoti Barman (Expert) 30 March 2011
Since the loan was taken in the name of the said three persons , the property must have been bought in the same three person's name as well. Now if your husband make the repayment and the other two refuse to make any payment then after completion of repaying the loan your husband can claim partition in proportion to the money he has paid.

R.Ramachandran (Expert) 31 March 2011
Dear Mr. Barman,
If partition is to be asked based on the amount of EMI paid by the husband of the querist, then that will be too late in the day and the brother and his wife can come with so many other defences available to them.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries