Legal Question in Real Estate Law in India

My husband and me bought a house jointly. We also took loan from a bank for the purpose. The house is hypothicated to SBI. My husband does not share the burden of the EMIs and has since refused to cooperate. Since the property is on our joint names: then

- can his name be removed from the ownership?

- what are the options so that his name can be deleted from the ownership?

- will he be able to claim a share in the property, if sold, even if he does not pay for it?


Asked on 8/25/13, 9:37 pm

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

26.08.2013

Dear Madam,

If your husband's name is first on all the property documents, he is the deemed owner of the property for all practical purposes, and there is no way in which you can delete / remove his name from the ownership, come what may.

And if your name is first on all the property documents, whether his name appears or not as the second joint owner hardly matters, because you are free to deal with the property in the manner you best deem fit. Although I strongly recommend that let your husband's name be retained as the joint owner, you can submit an application to the District Registrar / Tehsildar and complete the specified procedure for deletion of your husband's name from the property documents. By virtue of being your husband, the title of the property vests in him after you.

Regards,

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Answered on 8/25/13, 11:04 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

as the name of husband reflects as co owner, he can not be deleted without his consent.

Thanks & Regards

Adv. Rajiv

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Answered on 8/26/13, 12:00 am


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