We have purchased a flat in Oct 2009 and registered in both the names (myself and husband). But the total loan amount is been paid only by me since 4 years out of total tenure of 20 years. He has put in some money for interiors which may come up to max 5 lakhs. And this is taken from some of his friends and relatives, for which there is no documentation. As we are not in good terms since the day of marriage (14 years) and now in the state of mutual separation, is there any chance of registering the property only in my name? I need to be safe at home with my 13 year old daughter. He is a sort of person acting violently some time. How do i handle him in such situation? Please advise.
In view of the fact that the flat has been registered jointly in the name of you and your husband both of you are equal owners thereof. As such, none of you can claim to be the sole owner of this flat. He has a fixed share of 50% in the flat. Is your husband willing to go mutual divorce? If yes, then in the deed of settlement you can incorporate a clause wherein your husband may relinquish his share in the flat in your favor. Later on a gift deed may be made by him to give effect to such a settlement. If he acts violently then file a police complaint against him and obtain protection from the court under Domestic Violence Act.
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