It is advisable to get declaration of title seperately in civil court.  

FC can also be approached. 

It has to be filed before the civil court for the declaration it would be proper jurisdiction under specific relief act and the code of civil procedure. 

Section 34 specific relief act and CPC you have to file. 

civil suit under u/s 26 in district court.

For property right sec 26 r/w Order 

declaratory suit has to be filed in civil court and not in family court 

In a suit for seeking declaration with regard to a right or title in respect of property along with consequential injunction the Plaintiff will have to pray for a declaration as contemplated under section 34 of the Specific Relief Act, 1963, an interim injunction during the pendency of the suit under order 39 of the Civil Procedure Code 1908 and a mandatory injunction under section 38 of the Specific Relief Act, 1963.

File declaratory suit as mentioned herein above 

Section 26 will be more appropriate in the present case

You need to file a civil suit for regaining possession of your flat.  Even under domestic violence Act she has right to reside in the matrimonial house. 

Dear Sir,

You file a suit in Family Court and continue the legal struggle. The law is as follows.

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Joint Ownership of Property

Differentiating co-owners and co-borrowers

Joint-owners or co-owners are those people who have a share in the said property. More than one person can be the owner of a property. Joint property owners most of the times are spouse or it could be parents, children or siblings. A property can also be jointly owned with anyone- it could be friends, colleagues, distant relatives etc.

While there are no restrictions in owning a property with anyone, joint home loans come in with certain restrictions.  Banks do not sanction joint home loans for relations other than husband-wife, parents and children and in certain cases for brothers, provided they have joint ownership.

Co-ownership of property not is generally mandatory for considering the income of applicants for a loan. All co-borrowers are equally responsible for repayment of loan taken from the bank.

Who is liable to repay the loan?

The liability to repay the loan obtained lies equally with all of the applicants. For example, let us suppose that a working couple has applied for a joint home loan and after few years, the wife stopped working and the husband continues paying the loan EMIs by himself. Now if he had temporarily stops working due and the EMIs could not be paid, the bank serves notice for nonpayment against both husband and wife, as they are equally responsible for loan repayment.

What happens if you become a loan defaulter?

Once you become a loan defaulter, the bank will start the process of taking over your property. They can arrange an auction to sell your house/flat and recover their due amount. If you want to take any action, you need to take before this auction. Apart from this, your credit score will also be hit hard and you might not be eligible for loans in the future. This can be the worst thing to happen to you.

What are the options in this situation?

The best option for you would be to negotiate with the lender upon this. Banks will be ready to talk you over this issue rather than going through the tiresome process of taking over your asset. You can reach out to them with the past documents of EMI payments for this loan or the previous loans that you have cleared. Let us see what all options you have in hand:

1)      Ask for a grace period - You can seek a grace period from the bank in order to continue with the EMI payments. You can clearly explain to them the reasons for not being able to pay EMIs such as loss of job or dip in sales of business, etc. Bank may be willing to give you the grace period for resuming EMI payments with some penalty.
 

2)      Loan refinancing - There could be a case where the interest rates have gone up and hence you may not afford the increased EMI. You can talk to the bank to restructure or refinance your home loan. They can increase the tenure of the loan as a result of which your EMI would go down. Though this will result in you paying more, it will be better than losing possession of the property.
 

3)      Counseling centers - There are counseling centers to help you with this issue. They would provide you the appropriate options based on your situation. They will also give you fair knowledge on the things to be followed so that you do not fall into a debt trap. Dena Bank has a credit counseling center which does exactly this.
 

4)      Liquidating your investments - This will be the final step that you can resort to, if the above options do not work out for you. You can liquidate your existing investments such as deposits or mutual funds to pay the EMIs. You can also use this amount to make part payment for the loan which will reduce the EMI going forward.

You can send a legal notice to the tenant and ask him to send you the rent,.else file eviction suit. Also take injunction for not paying rent to her as interim order

Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do. 

Hi.

You should file a declaratory suit under section 26 CPC.

Are you appearing as a party in person in family court?

If you have engaged an advocate to handle the case, then you may leave the sections for him to look into instead of you breaking your head on the relevant or irrelevant sections.

Dont get confused over technical issues and do mistakes which may become fatal to your own case, hence be in touch with your advocate and follow it up through him properly.

If you want  to file a suit before the family court then you may  mention the provisions of CPC along with the provisions of the family court act also