Property division after divorce

Need Justice (Querist) 18 May 2015 This query is : Resolved
Dear All,
The senario is ,
- Divorce decree has been sanctioned to me by Lower court
- Domestic Viaolance case is still pending on me filed by my ex-wife
- Mean while she has files Appeal against decree sanctioned
- Now they have come up for settlement for property in which my wife is co applicant & co owner
My question is :
1. What do i make release or sale deed ?
2. Wether stamp duety is to be pay on settlment amount or need to pay on market value ?
3. What "wording" "sentance" should be include to avoide any future problem ?
4. Wether court order on the same will be work ?
waiting for your valuebale advice
Thanks in Advance

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Kumar Doab (Expert) 18 May 2015
Share of the owners in the property owned by more than one person is as per share described in the documents pertaining to the property.

If the property is owned by two persons without any share described in ownership then it is deemed the share is equal.

The owner can give away his/her share during his/her lifetime as per his/her sweet will by any means including registered relinquishment deed,sale deed as mentioned by you.

The stamp duty shall be determined as per rules in the state.

If it is sale deed the duty/taxes should be paid by the buyer.

It is suggested that you may not write/draft the deed yourself and let your lawyer dealing in civil/revenue/family matters draft it to suit your long term interest.

Need Justice (Querist) 18 May 2015
thank you sir

Guest (Expert) 18 May 2015
What is the opinion of your own lawyer in the case?

Need Justice (Querist) 18 May 2015
Make a release deed also court order from court regarding mutual settlement will be useful to remove her name.

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