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Author Topic: Joint Property Husband Wife declaratory suit  (Read 353 times)

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Offline bbasak82

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Joint Property Husband Wife declaratory suit
« on: September 27, 2017, 07:36:19 AM »
Hi Members,

I have purchased a Flat in Joint name of myself and my wife . Also taken Bank Home Loan in Joint name myself and Wife. But EMI payment and starting 20% payment to builder is done by me i.e Husband .

Now my wife has filed Domestic Violence case and Divorce case on me .

Can I file declaratory suit for declaration that husband is the sole title
holder of the property since husband had paid for it and also for direction upon the registrar to cancel the name of my wife.

Under which property act I should file case in civil court.

Any Judgement  for this type of cases.

Offline adv.amarnath

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Re: Joint Property Husband Wife declaratory suit
« Reply #1 on: October 01, 2017, 08:18:30 AM »
If you have paid majority of the consideration of money by yourself then you can claim to be owner only after repayment of quantum of  money paid by your wife. Otherwise you can claim to be owner in respect of percentage of share of property.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline bbasak82

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Re: Joint Property Husband Wife declaratory suit
« Reply #2 on: October 05, 2017, 04:28:39 AM »
Thanks for your reply adv.amarnath,

I have paid for every this registration, 20% to builder via online transfer and rest 80 % via loan. The loan EMI i am paying another around 6 lakhs loan is pending.
If suppose I pay the 6 lakhs and close the loan . And get certificate from Bank that all the amount paid towards the Home loan is from husband Bank account and also Builder give me in written that the 20% amount was paid by husband.

Under which property act I can file the case .

please be noted that  my wife has filed Domestic violence case and she has mentioned unde r DVC sec 18 & 19 not to allow husband to evict and sell the flat.

Whether the DVC will create problem for me .

 

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