LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous (xxxx)     17 June 2014

Notice of auction on default

Living with kids in a DDA flat that was alloted in the name of my husband. We both are living seperately. Flat was motgaged by finance company. (I am not a party in the loan)  For the last six months Husband deliberatley stopped paying EMI. Notice received by Finance Company that either pay within 60 days or flat will be auctioned.

Under D.V. Act, i have applied for Order for Residence which is pendingin the court  as of now.

what legal steps should be taken to safeguard. Please advise.

Thanks



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     17 June 2014

Your husband is deliverately not paying the EMI. If he pays the property transfers on his name, so that you may claim. This is his intention. As a wife you can pay remaining EMI's and claim later at the time property registration with both of your names.

Arun Shukla (Lawyer)     20 June 2014

U can go for ex parte interim order under dv act showing that notice immdtly If no order is passed same day go ahead don't let it be pending

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register