Legal Question in Real Estate Law in India

Please advise right course of action.

An NRI male together with female friend jointly applied for a bank loan for purchase of an apartment . The NRI has paid some amount in black and has the apartment in his name though his female friend's name is also mentioned secondly. The loan EMIs are still to be cleared and are presently being paid by the female. Since things have gone sour ,with the female opting out of the relationship,now demanding that the flat be sold and 50 % share be given to her, what is the right course of action for the NRI to keep the house and teach her a lesson? Should he pay her invested amount back to herto get her name removed? what if she does not agree? please help-thanks


Asked on 5/25/08, 5:20 pm

2 Answers from Attorneys

Re: Please advise right course of action.

Lady is entitled to 50% share.Details and documents are required to be examined in order to give any opinion to tackle the problem.Consult with all details and documents,professional charges are applicable.

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Answered on 5/27/08, 3:59 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Please advise right course of action.

If nothing is specified in the agreement, then both are equal owners.

If other co-owner is willing to transfer her rights at 50% of market value, it is a fair proposition.

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Answered on 5/26/08, 12:46 am


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