How to get full rights on property when wife is co applicant?

546 votes

Dear Client,
Do the property papers have both names? If yes, then first of all you need to prepare Release deed - get it registered-and then submit the copy of the same to banker, so as to remove her name from property papers. (this can be done only if both are ready to do so.)

If she is not ready, then nothing much can be done. If you stop paying EMI - bank will take possession of property- sell it and refund you BOTH the extra amount, if left.

So plan accordingly before taking any steps.

Regards
Expert Jurist LLP

Advocate JV Bhosale LawRato

804 votes

Dear Querist,
all papers will have to be perused along with the mortgage documents. If payments are made by your wife, you will have to return with a notice (to create a cause of action) and demanding to execute agreement for relinquishing rights or alternate seek declaration from court that your wife has no right, title in the flat and you be declared as sole owner

Advocate Jitendra Ahuja LawRato

632 votes

Dear Client,
If you have purchased the Flat jointly i.e is she has signed the purchase document, then she becomes entitled to undivided equal share in the Flat, and unless she gives you the said Share by way of Gift you cannot become the absolute owner.

Advocate Rozario John LawRato

91 votes

A co-borrower (or co applicant) is a person that applies for a mortgage loan with the primary borrower. They are both equally responsible to repay the loan in the event of default or death. The co-applicant can have or not have legal rights to the property.

Advocate Chikirsha Mohanty LawRato