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Property bought in joint name but now want to remove name of applicant


18-Apr-2023 (In Property Law)

My wife and my mother jointly owned a residential apartment in Gurgaon. My wife is main applicant and my mother is co applicant . Both are the equal owners . There is an ongoing home loan & EMI is getting deducted from my wife's account.My mother contributed 25 lacs and rest is home loan.The possession of will be offered after 3 months. I want to remove my wife's name from this property since my wife is harassing & threatening me from divorce on day to day basis. What will be the best way to do this? Retransfer /partition deed giving 95% to my mother & 5% to wife/Any other best option.

Answers (2)

Answer #1
737 votes
Sir, what is the total cost of property, this is an important point for partition of the property. Further the consent of your wife is also important. I don't think she will agree, when she is not good terms with you.

Answer #2
976 votes
Since the property has been applied for in joint name when the registration happens it will be done in the joint name of both. It will not be possible to simply remove the wife's name from the property especially because the payment towards the loan is being made by her thus she has a very strong claim on the property. Being a family issue it will be resolved through a family settlement. You will have to talk to your wife and settle the issues of property. With respect to this property you will have to compensate her for the payments made by her towards the repayment of loan.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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