cpc

name change on flat registration after divorce


Could any of the esteemed members explain the procedure in the following case:

 

Flat is going to be given in divorce settlement via a gift deed to the wife, prior to issuance of decree (wife's name still remains the married name).

 

Can the registration be made in her maiden name (name post-divorce) citing reason that it is as part of divorce settlement, if not, then what is the procedure to get it amended to the maiden name later after the divorce decree is issued?

 

This transaction will take place in Maharashtra.

 

Thanks in advance...

 
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Advocate

Why do you post such a query?, the property however is going to remain with her, so it is better ask her on which name of hers to be used for registering the property.  Name hardly matters when you have the evidence of settling down the issue by gifting the property to her.

 
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@ T. Kalaiselvan.... The reason behind "Why I post such query" is that I am querying it on behalf of the donee, not a donor. And if in this world everyone knew all the answers, there would not have been any need for a forum or a consultant or an expert or a teacher.

 

I am posting this query because instead of doing the changes again later on when the donee changes the name back to maiden name or gets remarried, there should not be any issues in any sale or lease transaction. Hope you have got the reason why.

 

Just wanted to know if it can be registered in maiden name, rather than the married name.

 
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DEEMED/CONVEYANCE OF BUILDING

Once the Divorce Decree is issued stating that Flat is given in settlement, following is to be done:

1] Obtain Decree of Divorce.

2)  If you are from Maharashtra, get your name changed in Maharashtra Gazette (to your Modern name)

3)  If flat is on husband's name now  apply for transfer of flat in your name depositing Decree of Divorce with society completing all transfer formalities including Undertaking and Bond.

4)  Make an Affidavit of Change of Name.

Hope you are satisfied.


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Advocate

The change of name of any person at any later stage will be done in any one of the legally and authenticated manner only hence the supporting documents will be in the possession of the person who get his/her name changed.  Moreover, the person who is getting the property as a settlement arrangement in divorce,if remarries another person may change her name as per the newly married family's  name, under that situation, the property remaining in her maiden name will not get automatically changed to her new name, therefore there is no legal issue in the property remaining in her current name itself, if you are not satisfied with this opinion, you may consult a local lawyer upon an appointment with him/her to get all your queries in  this regard clarified properly because you have stated that not everybody knows everything, I have expressed whatever I know.


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After the divoce decree is issued by Court, is there any process to change the property record (Index ii ) so that only Wife's name reflects in it instead of both Husband and Wife's name previously ?

 
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