How to settle the Joint ownership property after divorce? How to settle the Joint ownership property after divorce?

My ex-wife and I purchased a flat before the divorce. Her contribution was 35%, mine was 30%, and the rest was a bank loan for which I paid the EMIs. It is joint ownership but she is the primary owner. During the divorce, we settled everything else and it is clear in the divorce papers. Nothing mentioned about the flat as we wanted to settle it outside. After the divorce, my ex-wife and I moved out of the flat.

My ex-wife's brother agreed to pay my share (orally) in order to transfer full ownership to his sister. He has been staying in the flat since then and paying rent towards EMI. It has been 3 years after he agreed to pay my share but not paid anything till now and keeps postponing. He doesn't have a rental agreement signed by me to stay in the house, he may have one got it signed by his sister.

I am just asking my share (principle).

Highly appreciate it if I can get suggestions to deal with this situation.

Thank you.

Ayantika Mondal @ Prime Legal

Responded 1 year ago

A.Hi,
You can send a legal notice to the brother, asking him to fulfil the terms of the oral agreement. If he doesnt comply, then you can proceed to evict him as you are half owner of the property.
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Anik

Responded 1 year ago

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A.Hi,
You can send them a legal notice asking them to pay for your share in the property. You can also choose to evict the brother, as legally you own half the property if he disagrees to buy the share. You will have to enter into an settlement with your wife to buy your share in the property, otherwise you can buy the wife's share.
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Abhimanyu Shandilya

Responded 1 year ago

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A.You send him a legal notice to vacate the flat or settle as per the verbal agreement that took place before the Divorce. Mark a copy to your ex wife and let her the fact as well and since the property is in your name too so you have all the rights to ask him to vacate the flat. If he does act as per the legal notice fine otherwise you can initiate a criminal action of trespass on him.
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Pardeep Kumar Dhiman Dhiman

Responded 1 year ago

A.Aap ke kathna anusar property aap dono husband or wife ne milkar purchase ki hai.
Ab share aap financial bata rahe hai ki aap ka 30%or wife ka 35%hai. Or EMI kisne di vo bhi aap ne di hai. Isliye aap disputed property ke half share ke malik hai. Yadi aap ke sale dawara aap ko settlement ke anusar fix kiya gya amount nhi diya hai to aap usko legal way me disputed land se nikal sakte hai. Or apna share slale kar sakte hai. Iske liye aap par koi boundation nhi hai. Aap dono milkar bhi property ko sale kar sakte hai.
Aap ko apne sale se property use kare ki babat money bhi le sakte 3 saal ka. Ghbrana nhi aap 1/2ke malik hai. Aap ko us se koi bahar nhi kar sakta.
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Vidhi Samaadhaan Vidhi Samaadhaan

Vaidehi Samant

Responded 1 year ago

A.If you have not transferred the ownership than you are in good position to evict your ex brother in law from the flat as you will be stil rightful owner of the flat and disallow his entry till such time he pays off your share though if he still denies to pay than you cannot force him and in that case you will have to convince your wife to agree to sell off the flat and you both can receive the amount as per your contribution. Thank you.
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