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Helpseeker (Manager)     25 January 2014

Property transfer in case of mutual divorce

Hi, 

I am in process of filing mutual consent divorce with my wife. As full n final settlement I have to remove my rights from a jointly named property. Can you experts please guide how this can be best achieved (gift deed/transfer deed/ power of attorney) keeping in mind the safeguarding of interest of both the parties. This property is in mumbai and I want to ensure that I don't get into a situation where I sign a deed and register the same and then my wife does not turn up on 2 nd motion. Can it happen that I execute a deed or POA , register the same and hand it over only after she sign the 2nd motion? And if she refuse to sign, can the gift deed or POA be reversed or cancelled. Please suggest the best possible way out and potential risks. Regards



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     26 January 2014

You can make a registered release deed in her favor relinquishing your rights in the property subject to the conditions whichever you may impose.  On the basis of the said recital, in case she withdraws her consent for divorce in the second motion, the release deed may be cancelled or revoked.  The POA deed will not transfer the rights to her even if she is not withdrawing her consent during the second motion.

1 Like

Helpseeker (Manager)     27 January 2014

Thanks a lot for your reply Mr. Kalaiselvan.

I understood the option. but is revoking or cancelling the release deed is as simple as registering the same or will it be again a long fight for getting my rights in the house back in addition to the divorce fight agony.

Rds.

T. Kalaiselvan, Advocate (Advocate)     27 January 2014

If the conditions in the release deed have not been complied with by her, you can always go for revocation of the previous deed, and it will be the same thing as you have registered the previous deed, this revocation deed also has to be registered.

Kalaivani (SPE)     28 January 2014

Dear Kalaiselvan sir,

 

Could you please give me a good solution how to proceed with my case. I got registered marriage in the year 2009 Dec 18th and we both are classmates and we never lived together in one house since i told him to wait for his parents approval, but since time changed he joined with his parents and applied for divorce and after applying for divorce he stayed in my house for one month and he compelled me to have physical relationship stating we both are legally married and that happened. Also after a month he went back to his parents place for his brothers marriage and then he stated because of his parents compulsion he appled for divorce in the month of Nov 2011 before he stayed in my house itself and i did not received any notice from court and later he stated papers are nothing but our love will withstand. Meanwhile he called me to court once and i appeared in the court on Nov8th 2012 for the first time knowing nothing and i was directed towards counsellor and asked to go and live with him. Later i never appeared to the court thereafter and in the month of June 2013 I came to know that expartee order was about to pass as i never responded the court which was found by my brother who is a lawyer ( where i discussed with him all what happened) and now with the help of my brother i have sent him a set aside notice where he got it by signing in the month of Nov and he didn't appear in the court on Dec 2nd for first hearing.Meanwhile with his parents  he was about to do secret marriage and i stopped that by giving complaint in commissiner office. He appeared in the court on 7th Jan 2014 and the court order him to file a counter on march 23rd 2014

Now i want to live with him, the reason filed by them early was null and void where it seems he and his parents called me to have reception where i didn't go which is a total lie.

He utilised me in all means and got huge money from me as well, even now though he is not speaking to me he texts me and ask for financial help and i am doing that also. Also he use all s*x languages and send messages asking me to come to out of station to enjoy.

Now he is afraid of his parents and his parents are against me and not allowing us to live together.My husband is pretending to his parents as if he is not having any conversation or contact with me, but daily he message me and asking me to come out.

 

My question is

Can i file a RCR through collector office where they will call him and enquire. I want someone to call his parents also and enquire since they should know their son's activity.

What is Counter file and what will happen if he file a counter and what will happen if he is not filing a counter.

One of the advocate is telling that i am not taking strict action against him thats the reason they behave like this.

They are in a intention that somehow they will get divorce and they can proceed with another marriage for their son in their caste.I spent nearly 6 lacs and still last week also transferred Rs.9700 to him.

I don't want to get cheated as I love him so much and he utilised me in all ways.

 

Please suggest me how to proceed and find ways to live with him

Abhay   22 November 2017

Me and my wife had filed for a mutual divorce in May 2017(1st motion) in district court in Greater Noida.
We had a appearance in court again in September and were supposed to have the second motion on 28th November. 
Wife is the 1st Party. 
The terms of agreement between us was I would be giving her Car, House and some Cash. 
The Cash was already transferred to her account prior to filing the 1st motion(mentioned in the affidavit). 
The Car transfer is delayed as she lost the RC and a duplicate RC is being made after which the transfer would be done(would take about 4-6 weeks in total from now). 
The house transfer is the contentious part. 
The transfer application has already been submitted to the authority office but the stamp duty payment and the actual registration of the house in her name has not been done yet. 
She and her father insist that I do the house transfer before the second motion, as they are afraid that once the divorce is granted I may not end up transferring the house to her. 
My argument is that if I complete the house transfer & registration process before the divorce is granted, what if she turns back on her word and refuses to sign on the 2nd motion affidavit and the divorce statement.
I'll lose the house and the divorce will also be in limbo. I will have to file another case to get my house back apart from the existing complicated divorce case. Besides the stamp duty cost and the resgistration cost itself  of about 4 lakhs will be wasted.
Any suggestions to solve this stalemate?


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