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Guest03 (Others)     04 April 2023

Joint property with wife

Hi Team,

I had purchased a flat under construction jointly with wife, although all booking amount, loan and other payments are solely made by me, till now no registry has been done as its under construction.

Now after currently we had martimonial disputes and divorce in process and In some time possession of said flat will be there and huge payment has to be made during posession.

My question here is

Can I get rid of her name from property and how ?
What steps I can take in time to avoid unnecessary claim of propert where I am only paying loan EMI's and other payment ?


Regards,
Hidden Name



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     04 April 2023

If it is at the agreement stage only then you can request the builder to remove her name from the agreement and execute the sale deed only on your name.

If the builder insists on NOC from her then you may have to get one from her.

If she refuses then you can adopt legal procedure because it was you who paid fully.

Guest03 (Others)     04 April 2023

Hello Sir,

 

Thanks for the response, BBA for the said flat is done, as it was loaned so BBA is with bank.

Surely she will deny for NOC, If need and have to go legally, how legal aspect says when all payment is by me and as property is near posession where I will be moving in(currently I am staying in rented accomodation).

Real Soul.... (LEGAL)     04 April 2023

just register the property in your name alone 

Guest03 (Others)     04 April 2023

Is it possibe ? when in BBA and Loan document co-applicant name is mantioned then during regirstry can it be just on my name alone. I doubt if that could be so easy and stratight fwd, is there any legal rules/acts which I can refer to understand.

Dr J C Vashista (Advocate)     05 April 2023

BBA is just an agreement with builder, which do not confer any title, interest or claim of your wife.

If builder do not agree to get the title registered in your (sole) name, issue legal notice to builder as well as your wife and follow it with a declaratory suit if they do not agree.

Professional advise and proceeding by a local prudent lawyer would solve your problem.


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