Hi, Me and my husband purchased a flat 7 years ago .We both were co-owners of the house and co-borrower of the loan.Market cost of the flat was 97 lacs while registration value(circle consideration) was 35 lacs.We took a loan of 50 lacs (35lacs registration cost +15 lacs as renovation )to purchase the flat, my father in law paid 47 lacs as cash down payment. EMI was paid from my account for three years approximately 20 lacs. During these three years there were deposits from my husband's account to my account pay for expenses like credit card (in my name ) ,electricity and other bills. After three years my husband repaid the loan in full 46 lacs rupees (contributed by my husband's brother too). There were illegal construction done by my husband's brother on terrace for his living purpose and he paid for that construction . Now after 7 years my husband asked me to transfer the property (in gift deed form) in name of my father -in-law because my husband's brother wants his claim and by transferring it my father-in-law's name his share will be safe. We did a gift deed in my father-in-law's name one month back . In a span of 15 days from date of gift deed, me and my husband had clashes and we are separated.We both want divorce and now I don't know how to claim for the EMI payments done by me. My query is - (i) Can I claim for the amount of EMI paid by me with appreciated value of property through court because my husband is not willing to pay me anything. If yes then what will be my claim .Will court consider the amount deposited from my husband's account to my account, for payment of credit card which was in my name ( it was used by everyone in the house for travels and other expenses I can not differentiate the amount used by me and by them) , as amount deposited for EMI ? (ii)Is it possible to get the gift deed cancelled through court and if yes then how that can be done ? Please guide and cllarify . Thanks !
1) you cannot claim EMI pid by you . both you and husband were co owners of flat
2) although you paid EMI for 3 years for subsequent period your husband ha paid loan amount of Rs 46 lakhs
3) your husband can claim funds were deposited in your account for EMI payment
4) gift deed can be cancelled with mutual consent of parties
1. n matrimonial proceedings like divorce or maintenance cases you can not claim your EMI. You have to file a separate civil suit for recovery of money to recover the same.
2. If you have already revoked the gift deed it is very hard to restore back though not impossible as in that event you have ti file a civil suit to declare the cancellation deed as null and void on the ground that it was made using force and pressure on you.
Talk to a alwyer soon.
1. Since the property already stands alienated from your bye way of registered gift deed, you do not have any claim on it or anything related to it. A gift deed is made voluntarily after analysing all the situations including the EMI payments and the loan repayments by both and for all those considerations. Thus there is no room in law or there can be any rule to claim EMI now which was paid earlier while the property now stands transferred to a third person. Any claim to this effect may not be maintainable without any written agreement between you and your husband about this before deciding to transfer this property by gift deed. Neither the gift deed can be revoked on this ground.
2. (ii)Is it possible to get the gift deed cancelled through court and if yes then how that can be done ?
The gift deed was jointly executed by both hence both have to apply for cancellation before the court for the convincing reasons that may be put forth before court seeking cancellation. Will your husband join you?
Or else you can file a suit to declare the gift deed as null and void as you were coerced to sign the deed against your wishes and since you were under tremendous pressure and threat that you could not report this matter to the police. But it depends on how you prove your case with substantial evidence.
1. It was a joint property in respect of which the EMIs were paid by you. As a corollary thereto, you cannot recover the amount of EMIs from your husband now.
2. The execution of gift deed results in instantaneous transfer of title to the donee. You can file a suit for cancellation of the gift deed but you will have to prove that the gift deed was a conditional gift deed and the condition has been violated by the donee.
