Co-applicant in home loan

5 years ago

My divorce case is going on with husband from last 2 years. When we were together, he made me a co-applicant in home loan worth 82 lakhs. After separation, he is not paying loan and now bank is harrassing me for loan payment. I am simple non-working house wife. What can i do legally ?

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Prabhakara S K Shetty

Responded 5 years ago

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A.I do not know who among you two have filed the divorce case. Bank` do not act on mercy, so no request can do any change in their actions. If you pay installments, you remain owner to that extent.

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Ravi Bhushan Pd Sinha

Responded 5 years ago

A.If you are not residing in the house and / or you are not interested on the house, then you give written instructions to the bank stating your position and made a request to the bank authority for taking appropriate legal step for recovery of loan amount through the process of law. Even after that the bank harasses you then you may file complaint case against the bank authority ,who harasses you.

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Abhimanyu Shandilya

Responded 5 years ago

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A.Since you are a co-applicant hence you are equally liable for the repayment of loan and bank has all the legal rights to approach you for payment and you can not take a plea of not responding to them just like that. In case if you don't do anything then they will initiate legal action against your husband and you too.
Now what is the way to get out of this problematic situation?
1. You write a letter to the bank (formally) about your current situation and tell them that a case is going on.
2. Send a legal notice to your husband asking him to pay the loan and keep you aside of this problem.
3. File an insolvent case and declare yourself as bankrupt hence the bank will be kept at bay from approaching you.
4. File a separate case for maintenance so that you get some money to sustain yourself.

For a detailed understanding of your matter and advice you can contact me.
Regards

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Anonymous

Replied 5 years ago

Sir can I Sale that property? I want Bank to auction the house and release me from.loan.

Ashish K Dongre

Responded 5 years ago

A.File a petition for insolvency.

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Sunil

Responded 5 years ago

A.first send a legal notice to bank

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Deepak Yashwantrao Bade

Responded 5 years ago

A.did you send legal notice to bank about consider your income source and unable to pay home loan? better way to contact with lawyer for sending well draft notice to bank .

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ROBERT D ROZARIO

Responded 5 years ago

A.If you have no earnings or property of your own, file a petition of insolvency before DRT and go for the proceeding. Once you are declared insolvent by the tribunal, you will be absolve from making any payments. The liability will lie on your husband who has a source of income. Contact a local lawyer through Vidhikarya for filing. Simultaneously you can seek for maintenance from your husband by filing an application u/s 125 CrPC.

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Anonymous

Replied 5 years ago

To harass the Husband can I file a case to Sale the property and relieve me from home loan? Being a Co applicant can I claim share in house? Can a case of 420 or Criminal breach trust be filed on Husband?

ROBERT D ROZARIO

Replied 5 years ago

Even though husband make full EMI payment for the property, it does not diminishes your right as the property is in joint ownership. You both have equal right over the property. However without his consent you cannot sell the property. Beside you both cannot sell the property without the NOC of the Creditor Bank, unless you get a buyer who is will to enter your shoes and make full due amount to the bank. If you've grievances against him lodge a complaint with the local police station u/s 498A IPC and domestic violence or dowry. These provisions under the law are more common than breach of trust to settle your differences.

Sukhendra Pandey

Responded 5 years ago

A.If the house loan taken by both husband and wife and house owner name both husband and wife in legal documents then responsibility for paying home loan is both husband and wife. But you are not capable for paying then responsible person is your ex husband so in case you can file a civil case and give notice to bank and your ex husband for home loan matter.

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Ambrose Leo

Responded 5 years ago

A.You have to consult a professional family matter property lawyer from the panel of Vidhikarya to guide & help you on all aspects of the issues quickly.

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