Query
Dev
(Querist) 25 August 2013
This query is : Resolved
Hi
Requesting Experts to please provide guidance.
I had purchased 2 bhk flat jointly with wife. However now there is no chance of staying together. We had given this flat on rent. Now she has removed tenants from there without my knowledge and she is moved in a different city.
All sets of keys are with her. Flat is mortgaged with a bank and original papers are with bank.
I am first owner.
Down payment was done by both (50 - 50).
Jointly paying EMIs(50-50) . Loan agreement is on both our names. Flat is on both our names.
I need my share along with appreciation and I am not interested in her share.
What are legal options available to me?
I have filed divorce petition but not included property matter in my prayer as I dont want to focus on this issue during divorce proceeding. If she raises up then its a different issue.
My 6 year old child is also with me as she chose to leave him with me. I am taking care of my child from past 2 years.
Kindly guide me.
ajay sethi
(Expert) 25 August 2013
since you are the joint owner of flat start staying in said flat . have duplicate set of keys prepared of the flat . your wife has 50%share in said flat . offer to buy out her share or have the flat sold with her consent and after repayment of bank loan divide the sale proceeds
prabhakar singh
(Expert) 25 August 2013
Take charge of property,re induct a tenant under a written agreement,go cool to watch how she reacts now.
V R SHROFF
(Expert) 25 August 2013
WHO STOPS YOU ENTER AND USE THE FLAT AND RESIDE WITH YOUR CHILD??
Dev
(Querist) 25 August 2013
Dear Shroff Sir,
My child is my son. I am staying with my parents as child is of tender age and therefore I am taking care of child with the help of parents. Therefore I don't want to go and stay there as child is of higher priority for me in this difficult time.
Dear Singh Sir,
In past also, We had given this on rent but she removed tenants, started staying there for some time, then she got job in different city and went there permanently.
Mutual settlement with this lady is dicy as her elders are not ready to get involved and she thinks that she can rule me. This is also one of the reasons that I had to go for filing divorce on cruelty grounds because she was not ready for mutual and said that she will not divorce me as she wants to trouble me.
My lawyer says that we will take up property matter seperately in district court.
Hence I need opinion from you experts on legal options for me. Though I am not in love with money but would not like to give my share of hard earned money to this lady who has left my child for her self centered issues.
Devajyoti Barman
(Expert) 25 August 2013
You can always sel your undivided half share, But given the scenario of your wife not selling her share, the buyers would be had to come by.
V R SHROFF
(Expert) 25 August 2013
Take heavy Deposit [say 5-7 lakh] & register LL Agr:
Let Licensee get STAY ORDER from court as she threatened him to throw out, he will suffer c 7 Lakhs!! He is in peaceful possession!!
Get Police clearance, Society NOC, etc in Advance.
Do it on next day of your peaceful occupy c your son, get photographs & Witnesses.
Let her fight for possession.. for 10 yrs!! OK
Dev
(Querist) 26 August 2013
Thank you Shroff Sir for your guidance.
