Sale of joint property
Querist :
Anonymous
(Querist) 26 September 2011
This query is : Resolved
Dear Sir,
I purchased a house in the name of me and my wife. Due to unfortunate situation I was in position to sell my house. But my wife as a joint owner not allowing to sell it and try to create problem with that asset. Till now, my share is major and I am the one paying EMI. Please advice on this issue. How to proceed with it. What are all the possible ways? Is it possible to get a stay order to seal the house for ever ? till the compromisation between us arrive ? or any other ways to sell it?
ajay kumar mishra
(Expert) 26 September 2011
Dear Mr. Anonymous,
As per your statement your joint property has been already mortgage to bank and for which you are paying EMI. In my opinion you can't sale the property in question till you get NOC from Bank. Secondly if your property has been purchased in the joint name then you can't sale the entire property and your wife has every right to get injunction against you.
M.Sheik Mohammed Ali
(Expert) 26 September 2011
you have all proof that you might buy the house, then file a petition for declaration along with all proof of property, or amicable settlement.
Querist :
Anonymous
(Querist) 26 September 2011
sorry sheik, I could'nt get your point. will you please explain little be more
Querist :
Anonymous
(Querist) 26 September 2011
Hi,Please let me know possible answers with in this following two context. 1. any other way to sell the property. or 2. How to seal the house and not allow any one to use till the problem gets solved.
Shastri J.K.
(Expert) 26 September 2011
1 - U can sell the property .mortgage is nat bar on sale.
2 - u/s 145 of cr.p.c.
ajay sethi
(Expert) 26 September 2011
stop paying EMI to bank . let bank issue notice . if you default then bank will sell falt in recovery proceedings .
it is better to cut your losses now rather than pay EMI for 20 years .
if your wiffe finds that property is slipping out of her hands she will settle
prabhakar singh
(Expert) 26 September 2011
1. any other way to sell the property.????
BUT YOU HAVE NOT TOLD THE SHARE YOUR WIFE HAS IN THIS HOUSE?????
2. How to seal the house and not allow any one to use till the problem gets solved.?????
YOUR THIS QUESTION SUGGESTS THAT YOU BOTH LIVE IN THE SAME HOUSE!!!!!
IF SO 145 Cr.P.C.ADVICE IS MISCONCEIVED AND IT CAN NOT BE INVOKED.SO IS ALSO THE ADVISE OF INJUNCTION.NONE OF THESE TWO REMEDIES CAN BE GRANTED AGAINST A CO OWNER IN JOINT POSSESSION OF PROPERTY.
NOC OF BANK HAS NO SO MUCH IMPORTANCE WHEN YOU HAVE BUYER AGREEING TO BUY,AS HE AFTER BUYING THE HOUSE LEGALLY HE SHALL BUY THE LOAN ALSO.
Mr. Sethi's advise seems more practical that better go for default in paying emis
then manage with bank to issue a notice of demand and auction,after this notice reveal her that if no sale is made,BANK will sale it on throw away price.
BUT HERE ALSO A DUE CAUTION IS ADVISED,TAKE INTO CALCULATION ALL FINANCIAL PROS AND
CONS AS WE DO NOT KNOW ABOUT YOUR EMIS ,HOW MANY YEARS AND HOW MUCH PAID AND HOW MUCH LEFT.
OTHERWISE A LAST OPTION IS TO SALE YOUR SHARE AND MANAGE TO HAND OVER THE PHYSICAL POSSESSION OF ENTIRE HOUSE,IN THAT CONDITION YOUR WIFE WITH LESSOR SHARE,AND HAVING LOST THE POSSESSION,CAN ONLY SUE THE BUYER FOR RESTORATION OF HER JOINT POSSESSION AND PARTITION OF HER SHARE IN THE HOUSE,WHICH SHE MAY FOUND HARASSING AND MIGHT AGREE TO CONCEDE.
BUT THIS TOO CAN NOT BE TAKEN AS GRANTED AS IT IS HARD TO PREDICT HOW ONE WILL BEHAVE AND RESPONSE TO A FUTURE INCIDENCE.
