Legal Question in Family Law in India

Re: ownership of house/divorce

if you want the bank to take possession of the house, you should stop payment of EMIs immediately;

you can also file a suit for declaration that you are the owner of the house and not your wife; payment of emis from your a/c can be basis of your claim.

for divorce, you do not have to scare anyone; but if she wants the house and consent for divorce, and if this arrangement is mutually acceptable, fine. it is legal and valid.

Re: ownership of house/divorce

You can file for divorce, for which you need not come to India. Same can be done on your behalf by your authorized lawyer. You may only have to come to India on date of final hearing.

Since the flat is in her name, even though EMIs are beiong paid by you, the flat will remain her property. Of course, the court will consider this fact in your favour on the question of alimony.

Alternatively, you may also claim ownership of the flat by legal proceedings, stating that you bought the flat in her name on a matter of convenience since you stay abroad.

If you do not pay EMIs, the bank may seize and apply for possession of the flat and then sell it off to relaize bank's dues.

Yes, if bank takes such steps, your wife may agree to divorce in order to retain the flat.

Re: ownership of house/divorce

the property will remain in her name and if she can pay the emi then nothing will happen.

however you can try what you are thinking but i will suggest to consult a lawyer before taking some step

for further and detailed advice please contact in person. Consultation charges will apply

Re: ownership of house/divorce

You can file for divorce,even though EMIs are beiong paid by you, the flat will remain her property as itis in her name. This fact canbe brought to notice of the court which will consider it in your favour on the question of alimony.

you can alos claim ownernship by legal proceedings

If you do not pay EMIs, the bank may seize the flat and sell it to relaize bank's dues.

Re: ownership of house/divorce

this needs an elaborate reply ... contact me may be we can help you out... at the earliest

Re: ownership of house/divorce

you can file a divorce petition and as the flat is in her name doesnt matter if you pay the EMI's. when you file the case raise this point in the court that you are paying for the flat

Re: ownership of house/divorce

In the event of stopping the EMI, the bank will rasied the amount from your wife the registered owner of the property failing which the bank may file the case in the court for the recovery of balance due amount. After the order, the bank may execute the order against the guaranter or by auctioning the property.

You are liable to pay the maintenance.

Re: ownership of house/divorce

If your intending pressure tactics failed then what you will do?In that case you will not only loose paid EMIs but also your house and even then you will not get divorce from your wife.Bank will definitly take possession and will sell the same on less than market price and will recover the balance ammount with interest.Be wiser.Go and file divorce case.