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Author Topic: Jointly owned property - mortgaged without consent  (Read 179 times)

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Offline darkoman

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Jointly owned property - mortgaged without consent
« on: July 04, 2017, 03:30:15 AM »
Dear All,

I wonder if you can help. I am an NRI who live in Kuwait. I jointly owned a property with my Ex-Husband in Mumbai since 2002.  I fully paid for the property (flat) and allowed my ex-Husband parents to stay in the flat. Recently I found out that my Ex-husband has taken loan on this property without informing me or my consent, as I was planning to sell it. Now I am unable to sell the property because the property documents are with the lender.

Now I have been forced to pay the loan and the interest by the property dealer as he is telling me I will not be able to sell it otherwise and if I delay it the whole property will be taken by the lender as the interest on the loan is accumulating.

Please could someone advice me what is my legal position according to the property laws of India and by law can my ex-husband had the right to take loan on the jointly owned property without my consent.

How can I proceed further with this issue as any help would be highly appreciated.

Thank you for your help in advance.

Kind regards,


 

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