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Rohit Garg (PM)     07 October 2015

Title suit against estranged wife who does not pay emi

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.



Learning

 3 Replies

saravanan s (legal advisor)     07 October 2015

since it is a joint property owned by both you and your wife you cant file any declaration suit even though she hadnt contributed anything towards buying that property

Rohit Garg (PM)     07 October 2015

What if she is the coborrower in the loan also.

Regards

 

saravanan s (legal advisor)     07 October 2015

even then the same status applies


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