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proengineers (Business)     02 April 2013

Declaration suit on joint property

Dear Sirs,

I got a Home Loan on my name with my income proof and my wife as co-applicant, I was forced to make the Flat registration as joint property on both names by her parents intrusion. I have been paying the EMI from the beginning through my Bank Account.

3 years back my wife left me and filed 498A, Divorce & CRPC 125. till now I have been paying the said property EMI's on expecting her return. Now I felt that there is no meaning in paying the EMI to Home loan.

Could you please clarify my queries:
1. Can I go for Declaration Suit with my loan proofs.
2. If I stop paying EMI's, the Banker will go for Auction for the said property.

Please guide me with your valuable suggestions.



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