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Can husband claim ownership in self-bought property if he is co-owner
20-Aug-2023 (In Property Law)
I want to buy flat without co applicant but the bank want me to add co applicant to sanction my home loan but i dont want to add any name as i m capable to buy flat. If i add my husbands name as co applicant without taking any financial help from him can he claim his ownership on my property if we seprate from each other in future or after my death Is it necessary to add my husbands name in registration of flat or can i register flat with my name only follwed by my fathers name not my husbands name bcoz i have not gazzeted my name after marriage and i dont have marriage certificate also.
Hello,
Basically if you add him as a Co-owner he can definitely claim ownership on your flat even if it is entirely bought by you. The only remedy you have right now is make an agreement with your Husband that on making him the Co-owner of the Flat, after taking possession of the Flat, your Husband shall not claim ownership and prepare a Relinquishment Deed and give it to you.
After making this agreement, and taking the possession of the Flat, prepare a Relinquishment Deed and get it signed by him and register it as well. By doing this, your Husband will surrender all his rights and claims in the said Flat.
Basically if you add him as a Co-owner he can definitely claim ownership on your flat even if it is entirely bought by you. The only remedy you have right now is make an agreement with your Husband that on making him the Co-owner of the Flat, after taking possession of the Flat, your Husband shall not claim ownership and prepare a Relinquishment Deed and give it to you.
After making this agreement, and taking the possession of the Flat, prepare a Relinquishment Deed and get it signed by him and register it as well. By doing this, your Husband will surrender all his rights and claims in the said Flat.
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Adv. Kamran Shaikh
Mumbai | 100+ Answers
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