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Rina Agrawal (NA)     17 March 2013

Joint property with husband

Respected lawyers,

                                     Please give the way to my problem.We(me and my husband)  have purchased a flat in NCR Region 4.5 years back by taking a home loan. My husband is first applicant myself second(50-50%).  Initially, we deposited amount with our savings and then EMI got started. Till 3 years we both were paying 6-6 months EMIs as i was also working. I left the job 1 year back . Since, i concieved my baby , my husand stop paying the EMIs and unfortunately, my company branch was also closed 1 year back that's why had to leave the job. for last 1.5 years me and my parents are depositing the EMIs as my inlaws and my husband are troubling(torturing) me and my baby.  now, i am getting the notices from bank also. As for last 5 months i couldn't pay the EMI.  Now, the property is in joint name, he neither want to delete his name nor he is paying EMIs. So, in this situation what i should do ? He wants to sell this property but i don't want. As after marriage this is the one thing which we have bought in common.  I want to keep this property but he doesn't. We are staying separately under one roof . We have got disputes in opinion, culture and etc.. because of in-laws.

Please give me suggestions.

BEst Regards and thanks

 

 



 3 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     18 March 2013

file dv , get residence order with court direcxtion that he pays emi./

Rina Agrawal (NA)     18 March 2013

but sir, we didn't get possession for the property yet. IT is still going on. In this case, also it is applicable that he will pay EMI? We are staying on rented place.

Rina Agrawal (NA)     18 March 2013

My husband is saying to loan house that ask my wife to pay me 18% interest on the amount i have invested and take the ownership or you do your processing for cancellation. How much fair it is? As, it is in joint name and till now  i was paying EMIs and he stopped paying since 1+1/2 yrs ago. So, in this case, according to him it is already in cacelled state as since past 1 year i was paying EMIs by asking my parents to help me. But, he was not bothering to this. According to me he shouldn't get anything from this and he should delete his name without asking money.

Pls suggest what to do.


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