Legal Question in Real Estate Law in India

You say you have been allotted the Flat. If your wife is not signing then you don't bother about it. If the DDA insists then file your affidavit stating that divorce proceedings are pending so the question of her affidavit will not arise and is not necessary. Only if she is your wife and the marriage is continuing the affidavit is required.

even if divorce proceedings are on, you may seek mandatory injunction against her for seeking directions from the civil court directing her to execute the necessary documents.

06.05.2012

Dear Sir,

Is marriage a pre-condition for allotment of a DDA flat ? I doubt.

The DDA flat has been allotted in your name and where does the need arise for your wife to sign any of the papers or affidavit ? Even if you have availed of a housing loan, take it in your single name, and ensure the payment of the loan instalments is going to me made solely from your income and resources. Ensure that you do not involve any of your wife's funds to avail of the loan to make your wife realize that you are in no way dependant on her, making her realize the importance of your marriage, regret her decision for separation, and unconditionally revert back to you.

You can mail me for any further on-line advice at [email protected]

Regards,

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