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Ex-Husband acquired loan on jointly owned property without consent


06-Jul-2023 (In Property Law)
I am an NRI living in Kuwait. I jointly owned a property with my Ex-Husband (Muslim) in Mumbai since 2002. I fully paid for the property (flat) and allowed my ex-Husband parents to stay in the flat. Recently I found out that my Ex-husband has taken loan on this property without my consent Now that I am planning to sell this propertyI am unable to sellbecause the property documents are with the lender. Now I have been forced by Ex-Husband to pay his loan and the interest to the lender else I will not be able to sell it otherwise and if I delay it the whole property will be taken by the lender as the interest on the loan is accumulating. Please could someone advice me what is my legal position according to the property laws of India and by law can my ex-husband had the right to take loan on the jointly owned property without my consent. Thanks in advance for your help and support.
Answers (1)

Answer #1
617 votes
As per Indian Laws, your ex-husband cannot take loan on the jointly owned property without your consent. Kindly let me know to which lender he has mortgage your house. In India a private person cannot lend money without money lending license. Kindly let me know if he has mortgage your house to a Bank or a Financial Institute or to private lender. In all the given situation such mortgage is invalid. I can provide you a legal remedy to cancel the said invalid mortgage and to recover your property. Kindly provide me with more information. Kindly book a consultancy call for more specific advice.
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