Jointly owned property on joint home loan and he is paying emi..
30-Nov-2024 (In Property Law)
We took home loan jointly as husband and wife. We are joint owners of that home taken on loan. I made down payment equal to approx 10 lacs and he has been paying emi as I had taken personal loans for the family. He filed divorce case and didn't appear . So the divorce case got dismissed. Now I also filed dv case as amount equal to 50 lacs has gotten transferred to his account from my account as he used to pressurize me and never cared to live with me or bear any of my expenses. He wants 2 sell.
If the property is jointly owned (ownership) then your husband cannot sell it without your consent. Since you contributed ₹10 lakhs as a down payment, you certainly have a strong claim. Additionally, the funds which has been transferred to his account under pressure can be addressed under the Domestic Violence Act as financial abuse committed by him.
File for an injunction in civil court & mention the financial coercion and property dispute in your ongoing Domestic Violence case to seek appropriate relief.
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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