Property purchased in 2007.
Property in joint names.
Wife is co-borrower of loan but has not paid a single penny since 2007. EMI is outstanding.
Couple separated in 2010 and living separately.
Husband now resides in this property while wife resides in the matrimonial home which is also in joint names.
Questions
1. Can I file a declaratory suit praying for declaration that property belongs to me only.
2. Does Benami Transaction Act applies to "wife"
3. What are my chances of winning such a civil suit. Are there any citations as above.
Kind regards.