I have booked a flat which is under construction and has been bought under flexi-payment plan. The flat is being held jointly by me and my wife. I have already paid 45% of the flat value. My wife is also earning . The flat was booked within 6 months of marriage and the entire amount was paid by me. Now she is asking me to transfer all my rights into her name so that she could become the sole owner of the property and she wants her parents to stay in that flat. Now I need to take loan for making the next installment which is due shortly but she has been refusing to sign on the bank documents and since she is one of the holder of the flat hence her signature as coapplicant for loan is mandatory as per bank. She is also not letting me sale the flat as her signature is again required. We had an argument over this and she had left for her parents house with all her belongings and has not returned till date it is more than 2 months now , we have not communicated since then. The due date is fast approaching and I do not know what to do. If I take a personal loan to pay the due than I fear that I would become victim of their malifide intention. Kindly suggest what to do. She and her parents have been threatning to file false cases against us.
Right now I am more concern about the flat, I have already paid 20 Lakhs. I had to borrow from my brothers as she refused to sign on the loan documents and the amount was required to be deposited within 15 days and Once again I am required to pay 8 lakhs as per the payment plan and the due date is fast approaching. Is there any legal way by which I can ask her to either pay the amount paid to the builder to me and take the 100% ownership OR to transfer her rights to me and make me 100% owner without any consideration as she has not paid a single penny.
If not, Since the amount paid is only 45%,hence I hope legally I can ask her to make the payment for the balance amount as the contribution should be 50-50% (legally I suppose) for 2 joint holders. But now I do not want to take loan and want to get my money back and buy a flat in my parent's name. In this case, if I refused to sign on the loan documents I hope she would then left with no choice then to transfer the flat in my name.
My married life had been Extremely bad but I am not thinking on the line of divorce yet.
