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How to get house documents back on time of loan clearance divorce
20-Feb-2023 (In Divorce Law)
I have recently taken divorce on mutual convenient. During divorce we have not mentioned any finance or property issues in that. Now problem is I have taken 25lakhs housingloan from Lichfl.,in which he is the coapplicant. When I asked lic to remove his name as co applicant t hey r asking me noc from my ex. I now don't know where he stays. I am only paying the EMI and the house is on my name. Will I get the house documents back at the time of loan clearence.
Hi,
Your husband is a co applicant for the loan.
We presume the property is exclusively in your name. If the property is exclusively in your name, your mutual consent divorce decree is sufficient for the bank to remove your ex name. If the property is in joint names of yourself and ex, then you need to file a civil suit for declatory title.
Hope this information is useful
Your husband is a co applicant for the loan.
We presume the property is exclusively in your name. If the property is exclusively in your name, your mutual consent divorce decree is sufficient for the bank to remove your ex name. If the property is in joint names of yourself and ex, then you need to file a civil suit for declatory title.
Hope this information is useful
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear, Infact, while filing of the Mutual Consent Divorce you could have filed the MOU before the Court which generally should speak about the distribution of moveable and immovable properties between the spouses in Joint Names now having missed that you can issue a legal notice to his last known resided address mentioning the facts by approaching a civil lawyer regarding the payment of EMI's etc., and ask your husband to address a letter voluntarily to the LIC HFL that in view of divorce between both of you, your husband has no right, title interest in the property and accordingly ask him to execute a release deed in your favour.
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Adv. Vikram Chandra
Hyderabad | 100+ Answers
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Madam, you must foresee the things before getting divorce order. The house is in joint name. According to Law both have equal rights. Hence, You should show your divorce papers to the LIC Authorities and the fact that his whereabouts are unknown. They insist for NOC. You must search for him for getting NOC., If it is not possible then you ask the Authorities to relieve you from not paying loan or if you pay the same house documents must be handed over and registered in your name only. If the Authorities accept the same you pay future installments. Otherwise there may be problem in future also like not getting loan from banks or if you want to sell the same both joint holders should register the asset. If your fail to pay installments LIC will auction the same and your may repurchase the same from them and you will get good title in your own name.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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