How can i get my house back which is in my wifes name but the loan is in my name.?

Question

I purchased a house from LDA in my wifes name in 2002 worth 7 laks, i took 4 laks loan from icici bank ,where my wife is a co applicant .present cost of the house is more than 30 laks ,the all dues of housing development is paid only the registration of the house is not done. i paid the EMIs till june 2006 to the bank through my salary cheq , my wife left me two years ago and i am living with my daughter of 8 years old .i have till date not filed any case in the court ,only application to the local police station ,and the sp is given.
On visiting the government developments authority ,they say that the registry will be done in both the names i.e. in husband wifes names ,i have come to know that she is trying to bribe the officials heavily to get the property registered in her name,she was a non working women.
1. can i get my property back.
2.can she get the property registered in her name.
3.will the bank penalize the co applicant ,how?
4. how to deal the bank calls/muscleman.

Answer 1

Choubey ji aap se ye umid nahi thee. You being a senior level officer in a Company are supposed to be having this legal awareness that any property you apply in name of any person will get registered in the name of that person itself unless that person agrees to add your name at the time of registration, but in this case if the LDA agrees that such property can be registered in the joint name of you & your wife than better go ahead for this. I doubt if this thing told you by the officer in the LDA is correct, as the person in whose name this was originally booked can always object for such joint registration & even move the court for perpetual stay of such act by the authorities. Earlier you get this thing done better it will be otherwise your wife can always object for a joint registration. The other help you can seek if the authorities ultimately fail to register such property in you joint names is take the help of the bank from where you took loan & you both are joint applicant for such loan. The bank can inform in writing to the LDA about this loan application taken in by both of you jointly & hence this property should be registered in your joint name for the future recovery of the loan amount & using such property for mortgage incase you both fail to refund the loan amount, once this property is registered in joint names of both of you, the bank can get mortgage order from the court against both of you without much legal hassles. This letter on record of the LDA will make them think hundred times to register this property in the sole name of your applicant/wife or not. All these issues are taken seriously by any bank or government authorities as no one wants to enter the legal battle of private parties & waste their money on lawyers for your family disputes, but in such case they get involved for no fault of their. Hope you understand this legal implication I have told you here. All your other questions asked here have no relevance at the moment, first go & save your property, and then we'll see about other issues. In your question sent to me you have asked regarding cancellation of this house by LDA & the amount deposited with them will be returned to whom, in that case your wife gets the complete amount as this house was purchased in her name & she being the sole applicant gets that amount by crossed bank cheque or draft as the case may be, unless you have a joint bank account with her you will loose the whole amount. Better contact some local property dealer to fix this issue & get this house sold even if you get less amount as you say its present value is about Rs30lacs,I think it will not be bad to get the lesser amount then Rs30lacs & invest that as you wish for your daughter's future as you told me.

Answer 2

Two can play at a game, if your wife is trying to bribe government officials you also can do the same and with a vengence, use all the political influence you can get / buy. Spend money like crazy on the bureaucrats before the house gets registered in your wifes name ony. This is your last chance to get the house if you fail you loose Rs. 30 lakhs so go out and do whatever it takes to make sure the house gets registered in both your names.

To stand any chance legally of getting at least a part of the value of the house you have to act now. So get going show your wife that you are not going to be a football for her to play with. No use trying to use the law here as the law has no solutions. It will take next 20 years if you fight this legally.

Never trust your wife with your money, i hope you have learnt this lesson from your life experience.

Answer 3

Hmm this is not an easy question. Lots of legalities here. If deed is in her name, but the loan is in your name, you are legally responsible for payments, I would think, not her. I live in the USA and I'm not sure of your country as you talk in Laks and not Dollars. Different countries have different laws I would guess. But here in the US, if the deed is in one person's name, but the loan only in the other's, they would normally have the other party refinance the loan in their own name before the divorce goes through, thus only one party owning and responsible for payments on the property. I'm sorry Really can't tell U much more than that.Hope it's of some help.. Good Luck..:-)

Answer 4

Find a place to move because she WILL get the house and you learned a lesson.Never trust a woman!

Answer 5

you have a really big problem