Joint property dispute : Here’s what you MUST do

Added: 2026-05-23

[00:00:00]What if the property is on loan and in our both's name? Wife is not paying any single EMI. Husband insisting to sell the property. Wife simply tells the bank to auction us. How can this be sorted?

[00:00:09]This is something that I have seen hundreds of times. So unfortunate.

[00:00:13]Husband again, that's why I please say don't take property as a joint owner because you were saving 1% 2% stamp duty. Okay.

[00:00:22]For [snorts] God's sake, this is the problem that happened. You are paying the EMI. If you stop paying the EMI, bank threatens you. Bank can Bank can get you arrested in civil recovery proceedings, but bank cannot get a woman arrested in civil recovery proceedings.

[00:00:34]That's another irony of our country.

[00:00:38]The solution that we have come up with is this.

[00:00:42]You file a civil suit for injunction against the wife and the bank. And also civil suit for injunction and declaration that I am the complete owner of the property under the Benami Transactions Act.

[00:01:00]Once you file this case, you say that see, I'm the one paying the entire amount uh for the property, then the property should be in my name. My wife is joint on paper, which is permissible for me to do under the Benami Transaction Act. I can hold property in the name of my wife.

[00:01:19]However, now I want a declaration that I'm the complete owner. Now, but as an urgent measure because time is money in this kind of a situation. If I don't pay money to the bank, bank is going to not just auction but impose interest and penalty and like penalty on interest and interest on penalty, right? So then that is why we implead the bank also as a party in this case.

[00:01:42]And we say that now either my wife should immediately come and say that she is actually not the owner, so we can pass a decree immediately so that I can sell the house.

[00:01:55]Or if she says no, I want to contest the claim and I am saying I am equal owner in the property, then she should start paying at least half EMI immediately to the bank. And if she is not ready to pay the EMI, at least half EMI to the bank, the bank who has been impleaded in this case should be directed to immediately auction off the property and the sale proceeds, because I mean time is money, right? Every time I'm not paying an EMI, I have to pay an interest to the bank.

[00:02:23]Bank is also suffering on the loan that the bank gave.

[00:02:26]So the bank should be immediately allowed to sell the property. However, the sale proceeds can be deposited with the court and then this case can go on for the next 5 to 10 years and we can figure out actually who's the owner and if the wife also deserves to get some of the sale proceeds to her as well. In case if if we find out in the future that the wife has actually uh you know, contributed to the purchase of the house. So when you do this, you get your you know, you get sorted. Next, I'm an NRI. There's a possibility of my passport getting confiscated due to our