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Q. Matrimonial dispute between seller husband and wife - Any impact on property purchase-Buyer

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Anonymous

posted 1 week ago

Q.Matrimonial dispute between seller husband and wife - Any impact on property purchase-Buyer
A one BHK flat has been shortlisted for outright purchase in BANGALORE city. The seller along with his wife had jointly applied for a loan in a housing finance company by submitting documents like salary slips, salary certificates, etc and the loan was sanctioned accordingly in joint name. However, the payment of the EMI every month was from Husband's individual salary account including full and final closure of the said housing loan. The sanction letter and closure letter from finance company has been issued in both combined names.
However, The Sale Deed , Agreement for sale and registration of the property has been done only in HUSBAND.s name as a lawful individual ownership . Wife name does not appear in any ownership documents.
Unfortunately there is a dispute between Wife and Husband on matrimonial front and Wife has filed a divorce case in court of law against the Husband. Also in the dispute filed she has claimed that although she had taken housing loan jointly , her husband deliberately registered the property only in his individual name and siphoned of the money.

IS THERE ANY RISK TO PURCHASE THIS PROPERTY FROM HUSBAND AND CAN THE WIFE CLAIM HER RIGHTS ON THE FLAT ANYTIME IN FUTURE EVEN AFTER HUSBAND SELLING THE SAME . WILL THERE BE ANY UNFORSEEN RISK FOR THE NEW OWNER ..Kindly advice...

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BANDARU RAJYA LAKSHMI

Experience: 14 Year(s)

Responded 6 days ago

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A. ) Dear client
As per your statement the property is in the name of husband. So He is the owner of the property. But his wife claiming upon the property by taking advantage of the loan agreement. If you purchase the property some difficulties may arise. My suggestion is better not to purchase that property.

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Madupu Chakrapani

Experience: 9 Year(s)

Responded 1 week ago

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A. ) It is the bank which raises any objection, however the husband is the owner of the property eventhough the loan is a joint application by them. You have opted for outright purchase hence only after closure of the existing loan followed by registration in your name means there is no risk

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Ayantika Mondal @ Prime Legal

Experience: 11 Year(s)

Responded 1 week ago

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A. ) Hello,
Yes, as already stated in your facts that the wife has claimed upon the said property, therefore certain difficulties might arise. However, nothing could be said with certainty.

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Anik

Experience: 10 Year(s)

Responded 1 week ago

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A. ) Hi,
As your facts clearly state that wife has already claimed upon the said property, certain irregularities may arise, but nothing could be said with surety.

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