You can file declaratory suit that you are absolute owner of property purchased in joint names with your husband and MIL
2) enclose documentary evidence that you made down payment of 30 per cent
3) also bank statements that EMI is paid by you
Future of Joint property with husband and mother in law after divorce
Hello. I married 4 years back and work in UK. Just after my engagement my husband and me bought property in Bangalore where his mother is joint owner as well. They made me fool during initial days and i paid 30% of initial deposit plus paying emi 55k every month from last 4 years alone. My mother in law came to UK and harrassed me along with my husband. I have filed domestic violence case and now I'm filling for divorce. I dont want to pay EMI but it goes from my account and i dont want to be blacklisted. Please suggest whats the best possible way to claim my flat from my husband and his mother?
Asked 6 years ago in Property Law
Religion: Hindu
14 Answers
Dear Client,
Instead of bouncing the EMI, you should seek possession of the property according to your share of payment.
Mere being joint holder, no absolute ownership vest in the property but acc. to contribution towards purchase.
Or, hold the EMI and file case in court for partition and possession.
and if you are major payer, seek declaration/possession as to absolute owner.
In your case under domestic violence act you can make an application seeking directions against your husband to contribute towards the EMI. In addition to this you can also seek directions against your husband for not creating any third party interest or right etc., Not to sale air given it on rent. Secondly you want complete ownership you should file a civil suit for declaration and possession of the flat.
1. Since you are joint owner of the flat, if you file a case under PWDV Act you will be entitled to get an injunction order so they would be estopped from laying their possession or enjoying the flat.
2. In this way you can keep sole occupation over the flat along with retaining co ownership.
3. You can file divorce suit in usual manner.
1) You can claim the property as its your name and can convert whole property share in your name, by producing all details in the court that 30% initial amount and all EMI which are paid by yourself.
2) Or informed to court to sell property and give your money or ask your husband and mother-in-law to transfer ownership of rights in your name.
3) or ask them to pay your all paid money so you can transfer your rights to them of property.
If you undertook to pay the EMI, then non-payment of EMI will reflect in CIBIL. Demand huge maintenance which may off-set your EMI burden. As the transaction happened in india, you may file a suit for partition or recovery of money in the alternate.
If they have/are contributing nothing towards the purchase of this flat, to get their names expunged as co-owners, you will have to approach the civil court and file a suit.
This suit will have to be filed in the court within whose territorial jurisdiction, this property is situated.
Contact a local lawyer and seek assistance.
1. Convince your husband and your mother-in-law to execute a Release/Relinquishment Deed in your favour in respect of the property in question.
2. To get them to sign the Release/Relinquishment Deed, convince them to accept the money which they had invested on the property from you.
3. Since you have record of the money paid as initial deposit of 30% as well as EMIs by you since last 4 years, your husband and mother-in-law cannot deny your greater percentage of investment on the property.
Please don't stop payment of EMI as this will disturb your CIBIL score in India and next time when you will be looking for any Finance bank will have your non payment history please keep continue with your EMI payment but at the same time you may file a title suit in the Civil Court to transfer the property in your name along with all your proof payment you may file a divorce petition as per your schedule on the basis of domestic violence and non compatibility.
Hi,
You may file suit for declaration in respect of the property.
Hello,
File a suit in order to get their name removed as a joint owner in the property.
Produce all such documents that show that majority of the payment has been made by you and that all the EMI's are being paid by you.
Contact a local lawyer based in Bangalore, who may help you in this regards.
regards
Since this property was bought on three people name, all the three are the joint owners of the property.
If you do not want to make the EMI loan repayment anymore, you can very well stop the repayment, let the bank decide about it and initiate further steps for recovery of home loan recovery.
How and where will you be blacklisted?
If they are taking shelter under your repayment, you may even issue a legal notice to both of them to share the repayment and also to return the loan repaid proportionally.
If they dont give a reply and continue to remain hostile towards this, then you may initiate action for possessing the propeprty by filing an injunction suit as well as declaration suit.
You can discuss with your advocate on further issues.
1. You can file a declaratory suit praying for a declaration that you own the said flat since you have paid 30% of the initial amount and balance amount through EMIs directing the registrar to delete the names of your husband and his mother from the records as co-ownners.
2. You shall be directed by the Court to return the amounts paid by them with interest.
3. You can ask for and the court can also direct the bank to sell off the flat recover their dues and then distribute the excess amount left amongst three of you on pro-rata basis considering the amounts paid by each of you.
You can take interim relief from domestic voilence court not paying EMI and claiming of residence rights in the said flat. You can go for divorce and claim the said flat in ailmony.
