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Viren D   02 October 2021

Dispute in joint property purchased with wife

Me and my Wife had purchased Joint flat in 2006. Down payment for the flat and all EMIs of that flat was paid by me only. Wife has done 50,000 payment in Principal amount in between against total loan amount of 12 lacs.

We sold that house in 2015 and purchased a new house in 2016. The new house was also purchased under a joint name. We utilized all the money that came after selling our first house and I added money from my salary account and then took a new loan. The new house all EMIs I am paying, my wife has done 6 Lac payment in between in loan principal. In total in second home wife has done 10% of payment only. I have bank transaction details for both houses purchased.

Wife having permanent job and she has purchased a flat in native place after marriage and she has not included my name in it.

Now due to dispute I am out of the house and my wife has filed a Domestic Violence and Judicial Separation case.

Now what is way out for me to get ownership of full flat in my name.


Learning

 2 Replies

Dr J C Vashista (Advocate)     03 October 2021

Both of you are co-owners of the property, which can be released in favour of either of you, as per amicable settlement.

Viren D   03 October 2021

Thanks for your response.

Amicably solution could not worked out . Wife demand is very highy. I can't afford it.

The ownership right shall be as per each contribution towards property or it will be 50-50%?

Which suite I need to file to get full ownership of property?

Declaration suite ? Or Partition suite? Which will give me desire result in less court fees?


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