kumar ajinkya (service) 27 October 2024

Joint property dispute between husband and wife

Hi All

15 years ago I bought a flat in Gurgaon on bank loan - both the loan and flat were in joint names. First holder - myself, second holder - my wife. All the expenses pertaining to the property - loan payment (down payment & all instalments), construction and interiors, maintenance and upkeep , utilities, house tax etc have been paid solely by me since the beginning and wife (a full time working professional) has not contributed a single penny. Few years back my wife filed a false criminal case against me in order to force me to handover the house to her. I decided to fight the case on merits and was recently acquited by the court with remarks about false implication due to property dispute. Now, wife has gone to her parental home and I am living in the jointly held flat.

I now want to claim full rightful ownership of my flat and remove my wife's name from the ownership records. My wife is not responding to my requests.

Can you advise what are the legal options for me in this case? All the documents pertaining to the property and expenses are available in my possession including admission by wife in court records stating that her name was added by husband due to love and affection and she has not paid any money towards this property.

Thanks in advance for your assistance.

Ajinkya.

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5 Replies

Dr. J C Vashista (Advocate ) 28 October 2024

You may file a suit for declaration and permanent injunction to declare you as "sole" titleholder / owner of the property and permanently restraining your wife from disturbing your title with possession and/or creating third party interest in the property, on the basis of the documents.

1 Like

Real Soul.... (LEGAL) 28 October 2024

it is most coomon thing in happening now, in emotions and love in the begining man shares his property with his wife legally and then in the long run the rerlation proves to be greed based and tries to get rid of partnership.

You have legally shared with her the property and now you want to get rid of her. Even if you prove that the proeprty was made purchsed by your own hard earning money by showing tjhe proof still your wife has calim and it is long hard battle where you have very less chances with high stake of time and expenses to win .

Better negotiatite with yoiur wife settle with her by payment or esle to get your property owned 100%

kumar ajinkya (service) 28 October 2024

Thanks for your advise. I will definitely consider this.

kishore kumar 29 October 2024

allmost same condition with me, my both property which I have purchased with my money and after marriage she insist me to add her name as joint owner.
that time my treatment for depression was going on. In tension and depression I added her as joint owner.
now I feare that in near future she can do same thing with me,as she is very much involved in her parents family matter and unnecessary she fights with me on small or silly issues.
pl suggest safe legal way.
thanks.

T. Kalaiselvan, Advocate (Advocate) 31 October 2024

You have been rightly advised to file a suit for declaration to declare the title of the property in your favour based on the documentary evidences for having fully funded for the purchase of the property.

You may discuss with your advocate and proceed as suggested