Legal Question in Civil Rights Law in India

Urgent : Property Question

Dear Sir,

I booked a flat with a private builder before marriage and after marriage, i got the name of my wife added to it. So the builder buyer agreement is signed by both of us, so as the loan documents with the bank. The flat was still in construction so no title created for anyone. After few months, relationship got strained and she filed false criminal cases and is living seperately. Now the flat is completed and the builder is offering possession of the flat but my wife is not staying with me. She wants to grab the flat. The builder is insisting to come together to take possession of flat otherwise builder will charge retention charges. Now all the payments till date are made by me alone through cheques and I am only paying the EMIs to the bank. Now i am in a situation where builder has taken 100% amount from me, not giving me possession and asking more money as retention charges. I am still paying the EMIs but not getting possession of the flat. What is the solution to come out of this situation? Please suggest.

I neee your urgent expert advice.

Thanks & Regards,

Manish


Asked on 10/21/08, 2:08 am

3 Answers from Attorneys
Nasir Butt Nasir Law Associates

Re: Urgent : Property Question

Reply of Mr. Rajive Gupta is most appropriate in such a situation.

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Answered on 11/02/08, 7:39 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Urgent : Property Question

in this situation, u may file a civil suit against the builder for possession of the flat. as far as law position goes, any one of you, be it you or ur wife, can claim possession of the house because till the time divorce doesnt happen, u both are joint owners as well as jointly and severally liable for the amount due towards flat. u need to serve a legal notice upon the builder to this effect.

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Answered on 10/21/08, 2:15 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Urgent : Property Question

Manish, you will need to make mends with your wife; since she is co-owner, half of the property will go to her; she may even claim the full in the sense that she may be entitled to the 'residence' and if you continue fighting, she may obtain a 'protection order' restraining you to enter the house; the only viable solution seems to be : you should try for an amicable settlement with your wife to avoid any further losses.

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Answered on 10/21/08, 6:49 am


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