Wife not paying EMI but claims housing rebate

1. Yes. 2. You can serve a legal notice to her specifying all details of payment and her share paid by you. 3. A simple letter telling all the circumstances. 4. If bank files any case against you and property is taken in their possession then definitely you shall ave to suffer but if you file any case against your wife seeking recovery then there is no danger as anticipated. 5. It is not possible. 6. Yes. Obtain receipts of payments of EMI made, soutce of money received in that joint accountand proofs of her taking exemption in her returns.

@Rohit

Agreed with rajkumarji advise.You said that the property is in the joint names so she is also entitled to get her share but you can give your evidences in DV avt stating that you alone paid the EMI amount.But here it doesnt help much.What type of relief she demand in DV act? POST in FAMILY FORUM.

You said,"Can I proceed to remove her name from the ownership of the 2nd property" ?

The answer is NO as 

 the property is in the joint names 

You said ,"wife has filed DV case ,type your full question in family section forum, in this forum the advocates and legal advisers give you proper advise relating to Dv case.

POST THIS QUERY IN FAMILY SECTION.

If EMIs have been paid from my salary account (joint) will the law take the view that she has paid 50% of her contribution towards EMI as EMIs have been paid from Joint accounts ? Is she absolved of her responsibility of paying EMI?

---   YES.

AS THE ACCOUNT IS JOINT, THEN CLAIMING THIS IS EASY AND LEGAL.

IS HER SALARY ACCUMULATED IN THIS ACCOUNT OR NOT?

IS HE CLAIM MAINTENANCE UNDER DV ACT?

IF SO RAISE THE POINT IN MAINTENANCE CLAIM ISSUE. YOU MAY GET BENIFIT.

What communication / letter should I now write to HDFC so that she starts paying her contribution in EMI.

---   WRITING HDFC WILL BE FRUITLESS BECAUSE THEY ARE INTERESTED ONLY EMI.

YOU MAY ADVICE YOUR BANK TO STOP PAYING.

OR YOU MAY ACCEPT YOUR SALARY IN ANOTHER ACCOUNT IN YOUR NAME ONLY.

What communication / letter should I now write to HDFC so that she starts paying her contribution in EMI

---   hdfc can not comple her to pay emi. only a court can do this work.

is there any agreement that your wife will pay this amount? if so use it now.

Will my property go into dispute

---   definitely.

and liquidation if I file any case against her to recover the dues.

---   not  liquidation  to file the case. if emi not paid then it is possible.

Can I proceed to remove her name from the ownership of the 2^nd property.

---   now only a court's order can do it.

Can I file a Tax Evasion Petition for the illegal housing tax rebate that she has been claiming for last 10 years. How to do it ?

---   unable to understand.

Thank you Arupji and Rajji.

Here are the other details of issue pertaining to housing loan

1. EMIs paid from my salary but joint account. There are no other sources of income in this account.. only credit of salary and official tour expense reimbursements.

2. WIfe's salary is not accumulated in this account. She has separate salary account where I am joint holder.

3. Loan started in Dec 2006 and till date I have paid 10.5 lacs total monthly emi.

4. I do not want the property to go in dispute or liquidation as I am now statying here alone. She is staying in the 1st joint property and has claimed this property in the DV demand. (Not granted yet).

5. I only want to recover the dues of emi that she should have paid (50%) with interest and also that she startes paying emi in future. There was no agreement of sharing the loan burden between us at the time of taking loan. I think this was my mistake in 2006.

6. I have proof of her income tax returns of last 3 years where she has taken housing loan interest rebate.

7. Now after reading your replies, I don not what to remove her name from the ownership. I know that after our death the house will go into the hands of my daughter (this is my final wish and desire) and not in the hands of my greedy in-laws)

Tax Evasion Petition

She has taken Income Tax rebate against housing loan repayment of interest.

As I understand, the law says that of wife and husband are joint owners and also co-borrowers loan then the annual interest of loan and subsequent relief in income tax can be claimed by each in the ratio of emi paid by each.

In my case the entire emi has been paid from my salary account while she has also claimed rebate in income tax which she cannot.

Futher the law says that if she claims such rebate without paying emi then in such a situation she has to show that all payments done by her husband on her behalf for the purpose of emi is in fact a loan from her husband. (this law is not very clear to me)

Her demands in the DV

- 50% of my current salary, 50% of past 1 year salary, My removal from flat which is our 1st joint property.

- Nothing is granted yet as that stage is yet to come.

Kindly provide your learned advice in this case.