Mutual Consent Divorce

Querist : Anonymous (Querist) 02 July 2011 This query is : Resolved
Dear All

Please tell me that in mutual consent divorce where first motion is granted on grounds that husband will give a residential property to wife in the name of her n 2 children. Now husband wants to give the same house to all 3 of them where they were living together. What would be accepted by court, registered gift deed in the name of 3 or relinquishment deed in their name?

Does it need to be registered before the second motion or can be later also to ensure the wife does not move back.
Pls answer my second question also...

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M.Sheik Mohammed Ali (Expert) 02 July 2011
depends upon the consent, you may put your offer to the court.

Devajyoti Barman (Expert) 02 July 2011
The terms of the mutual divorce depends upo the mutual understanding of the parties, not the court.

If wife agrees then no problem.

Shashikant V. Patil (Expert) 02 July 2011
our ld friend are right, absolutely depends upon the terms mutually agreed by both the parties.

Gulshan Tanwar (Expert) 02 July 2011
Go for registered deed of gift and not for relinquishment deed. Court will accept the consent of the parties. Court will also see whether it is beneficial for the parties or not and the Court is not a mere spectator for the same.