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Roshan (test)     07 March 2014

Consent terms

Hi I have got my Divorce through Mutual consent.

The flat we have is on Joint Name...Wife a Owner and I am the Co-Owner.

As per the consent terms, the flat is to be transferred on to the Wife name and also the housing loan to be transferred on the wife name.


Howevere, the wife now wants to sell the flat and she is asking me to co-operate in the sale. She is suggesting that she will give an affidavit saying that she doesnt want the flat to be transferred but to be sold.


Should I co-operate in the sale? Is the affidavit legal?(My lawyer suggests to get an affidavit and then I can co-operate)

My worry is she or her family should not come back later saying that I have not stayed true to the consent terms..Pls suggest...

 

 



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 4 Replies

sandykrish (Interested in Family LAW)     07 March 2014

@ Roshan think about the returns on Investment, when you have divorced your wife, she is no more your wife. Think from the businessman perspective ask her that you need 40% of the proceedings. You stick on to what is there in consent terms. Dont bend for emotions.

 

Other lawyers may have other opinion. when your wife has treated you in human why do you have to bother about her status. Let her die.

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     08 March 2014

First of all, your query is not very clear. You say you are divorced by mutual consent. If so, then the transfer of the flat and loan should have ideally taken place prior to the judgment of mutual divorce and not after the passing of the divorce. In case, your case is still pending and judgment is yet to be passed in this divorce case, then you can file an amendment application and change the particular term with respect to your mutual petition (like instead of transferring the flat to in her name agreed to sell and pa the entire proceeds to her after adjustment towards the loan). However, if what is stated above in your qurey is true and correct then, you may make/draw a separate agreement with the mutually agreed new terms on a stamp paper as addendum to you mutual consent petition and then go ahead with the sale of this flat and do the needful..

1 Like

Roshan (test)     08 March 2014

HI,


Our Divorce judgement is passed and we have got a copy of Divorce Decree as well.


As part of the consent terms, she has to do the needful to get the flat on her name and pay any charges arising for the transfer of the flat and home loan.

And it was mentioned in the terms...the above needs to be done only after the Divorce Judgement is passed by the lawyer.

Now the divorce is finalised...she has not taken step to do the transfer of flat on her name. But she now wants the flat to be sold...as i m still the co-owner..she needs my co-operation...
Nothing of this was said in the consent terms. And she says that with the stamp paper, she will state her new terms of selling the flat and not the transfer.

I just don't want any issue later with her or her fly or her new husband...that I forced her to sell the flat..

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I am sure your advice is absolutely correct of getting it done on a stamp paper. Thanks for this.

But please help me if there is anyother thing or terms that I or my lawyer need to explicitly mention in the stamp paper or do..so as to settle this matter completely

 

 

 

Roshan (test)     20 March 2014

please help me if there is anyother thing or terms that I or my lawyer need to explicitly mention in the stamp paper or do..so as to settle this matter completely

Adding or changing consent terms via stamp paper is legal ryt?


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