Mother as joint-holder/co-applicant
crusader
(Querist) 01 April 2015
This query is : Resolved
Dear learned Seniors,
1. Husband has purchased a flat with his mother as the Joint-Holder/ Co-applicant.
2. Flat is registered only under the name of the husband.
3. Husband has been paying the EMI without taking any help from others.
4. During the booking of the flat, Husband took help from Wife, his Friends and his mother.
5. When wife was not ready to become the co-applicant (fearing that she would be paying half of the EMI), therefore husband made his mother as the joint-holder.
Queries related to the same:
1. Although mother is the co-applicant, but the property is registered only under son's name. Will his mother has any chance to benefit anything, when there is any 'Property Dispute'?
2. Wife has proof that she has also contributed by transferring money, but neither she is the owner, nor the co-owner. Also, she is not paying any EMI and not living together with the husband. What claim she can make in the near future?
3. Since, the property is mortgaged with the bank since loan amount is still pending. How this would become a deterrent for the wife, if she wants her share.
4. In the last scenario, what would be the percentage of share for Husband (Owner), Husband's Mother (Joint Holder) and Wife (legally wedded wife's share) in the flat?
Thanks in advance for your kind reply.
Best Regards,
Legal Enthusiast
Devajyoti Barman
(Expert) 01 April 2015
1. i wonder how could the mother is co-applicant when her name is not appearing in the title deed. in any event since property is registred in her son's name she has no right over this.
2.Wife has little merit if raises dispute over the ownership.
3.Wife has no share.
4.husband is the absolute owner.
Raj Kumar Makkad
(Expert) 01 April 2015
1. No
2. No right in ownership of the house rather she can claim right to reside under DV Act.
3. No question to this effect arises in view of the above-noted reply at Sr. no. 2.
4. 100% belongs to the person in whose name registered sale-deed has been got executed. No question arises to share it.
Rajendra K Goyal
(Expert) 01 April 2015
Consult a local lawyer and show him all the documents. If the name of wife in not there in documents, she can not claim interest.
Dr J C Vashista
(Expert) 02 April 2015
I agree with experts advise, there is no effect of being co-applicant. On the other hand the titleholder is the only and absolute owner of the property in whose name it is registered.
ajay sethi
(Expert) 02 April 2015
husband is absolute owner of flat . wife has no share in said property
malipeddi jaggarao
(Expert) 02 April 2015
Experts have given you sufficient inputs. No more to add.
T. Kalaiselvan, Advocate
(Expert) 05 April 2015
Yes I too agree with the experts opinion to the queries raised. The property is on the name of husband, he has full rights to dispose it in any manner, wife can only claim her money back from him if she proves to have lent him the same.
Biswanath Roy
(Expert) 17 April 2015
Funding money to purchase an immovable property does not create any title. So, neither mother of the Vendee nor his wife has any share in the property. They can claim their respective accommodated money only from the Vendee.
