Srikanta Bose
Asked August 30, 2016

Purchase of flat and home loan issues

  • 1 Answer

hi i am having one flat at delhi. it was registered in my wife's name and housing loan was in my name and her name jointly and it was remitted by me as she was house wife and after few yrs i needed some finane so I took another housing loan through another sale deed and purchased from my wife. 1st deed become duplicate by the agent and second become original and i got the housing loan. and after few yrs she again sold the same flat to the other person. as she was separated from me and as per her parents advise she done this. and she close the first loan but the second loan become due. and the second bank locked the flat and then the other person does a case file. and my wife duly showing threatning signed on affidavit and mou as i and my daughter does not have any rights on that flat. till now case is running. i signed in different surname . and now who is the actual owner will be as per law.

Answer 1

There are various aspects of your problem which are not clear. When you say that you ‘purchased from your wife’ does that imply that you actually sold your flat to your wife through a sale deed? In this case the flat was hers to sell. I am assuming that the flat was jointly bought in the name of you and your wife and you, being the sole remitter of the housing loan, sold the flat to your wife to pay the loan back and to keep the property between you and your wife. The sale of flat made by your wife is valid under the Transfer of Property Act, 1882 (TPA)[1]. Since your wife became the sole owner of the flat after it was sold to her by you, the transfer made by her to the third party, through a sale, makes the third party the absolute owner of the property. Therefore, it is true that you and your daughter have no right on the property at all. The sale of a property by a joint owner and the rights of the transferee are further specified under Section 44 of the TPA.

As far as the case law is concerned, you don’t have to worry about it. Since your wife was the sole owner of the property under the TPA, it is she who is liable to face the legal ramifications. In this sale, she was bound to disclose the details of the encumbrance on the property to the buyer. The absence of this disclosure amounts to fraudulent or erroneous sale by the seller.[2]

It is unclear in your query that why you signed (wherever you signed) under a different surname. Please clarify why you did not sign under your own name and which document did you sign? If you had signed on the sale deed executed between your wife and the third party, you might be legally implicated as well.



[1] Section 7 of the TPA

[2] Section 55 (1) of TPA

Agree Comment 0 Agrees about 5 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.