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joint property issue in bangalore


16-Oct-2024 (In Property Law)
hi there is a property on joint name with me and my wife. divorce been filed by her as well there are DV and 498a against me . i filed partition suite and asked for the share according to the investment in the property i mean i paid 90% of the value till today . currently from last one year nobody out of 2 paying emi of the bank. question is is there any way i can get the property transferred on my name and continue paying emi of the property. as wife is not interested in paying emi
Answers (3)

Answer #1
651 votes
Has she claimed in her a divorce petition any share of the house property ? if you have paid 90% of the loan in Bank then there is no point in not paying EMI now. if you have the possession- that is- yah sab the apartment you can rent it out and continue paying to bank. there is no other way to get the full title of the house for yourself.
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Answer #2
647 votes
As per your query, you hold a joint ownership property, to get your undivided share from the property your wife has to execute a Release Deed in favour you, then you will be sole and absolute owner of your share, and from last one year no one is paying off the EMI to the bank, if such a case the bank will hypothicate the schedule property and take the ownership over the entire property. Solution is get a Release Deed registered in your name from your wife.
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Answer #3
638 votes
If a property is purchased jointly by two individuals, they are considered co-owners, each holding a proportionate share of the property. In the event that one of the co-owners wishes to relinquish their ownership rights, a release deed must be executed. For instance, if you wish to become the sole owner of a property currently shared with your wife, she would need to execute a release deed or gift deed, formally transferring her 50% undivided share (UDS) of the property to you. This legal document would absolve her of any ownership claims, making you the absolute owner of the entire property.
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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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