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Q. Property document issue in LIC Housing

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Bhanu Prakash

posted 3 weeks ago

Q.Property document issue in LIC Housing
Hi,

My cousin and her husband had break up and maintainance case & 498 are hearing current in court now.

one of the property which her father bought flat in name of her and her husband taken the housing loan in name of wife.

Now the loan amount has paid and cleared by her and for getting original documents LIC was asking that co applicant also should appear to take documents. but now her husband refusing to come and sign. how can i proceed to take the documents through court. please help

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 3 weeks ago

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A. ) Dear Sir,
File application before High Court and a direction may be given either to the husband or to the bankers and appropriate order will be passed.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 3 weeks ago

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A. ) 1. if he is merely a co-applicant, you would require to submit an indemnity bond/affidavit to the LIC to safeguard their interest, in case they face any litigation from your husband;
2. if they won't agree, file a civil suit to remove the name of your husband as co-applicant;
you can start with sending a legal notice to the LIC

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Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 3 weeks ago

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A. ) The flat is in the name of the wife and the loan was also taken in the name of the wife then the husband being co applicant does not make any difference. In case the bank is not obliging to the request then prepare an affidavit mentioning the facts of the ongoing cases because of which the husband cannot come to take the document. Also mention that in case of any damage or claim to the bank you shall indemnify the bank. The bank once satisfied should handover the docs to you.

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Manjula Shanmugasundaram

Experience: 18 Year(s)

Responded 3 weeks ago

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A. ) Your question is not very clear. If property was purchased in joint names you would have to file a suit for declaration. If property stands in wife's name alone you can seek a direction

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