Vivek (employee) 11 January 2014

Getting back the property from wife

dear all,

me and my family decided to buy a plot, registry was made on my wife's name.

due to difference me and my wife are deciding to go for a mutual divorce . she is ready to give back my property but don't want to the place where the actual property is (because she don't want to face my parents).

now please suggest a proper and perfect way to get my property back in this situation.

1-power of attorney? if yes then GPA or SPA

if not

then suggest any other way which must be fully secured so that i will not have any problem in future...

kindly help

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4 Replies

adv.raghavan (Advocate,9444674980) 11 January 2014

NO GPA OR SPA, it has to be either SETTLEMENT DEED OR GIFT DEED, I prefer to go for SETTLEMENT DEED.

Vivek (employee) 11 January 2014

Dear Sir,

what is the procedure for settlement deed. I will be honored if you describe this in detail.
is it foolproof???

Vivek (employee) 11 January 2014

Dear Sir,

what is the procedure for settlement deed. I will be honored if you describe this in detail.
is it foolproof???

T. Kalaiselvan, Advocate (Advocate) 13 January 2014

I too favor a settlement deed; The settlement means:

A "Settlement" is any non-testamentary disposition, in writing, of immovable property made by one person (known as the "Settlor") in favour of another person (known as the "Settlee") in any one of the following circumstances: A Settlement may be drawn up for some consideration, although it normally would never reflect the true market value of the property in question. Please note that you are entitled to impose conditions when you give a Gift or a Settlement, and you are entitled to reserve the right of revocation to yourself in the event that those conditions are not performed.

In the absence of disputes within a family, and in view of the very favourable stamp duty tariffs applicable, a Settlement is surely the best way of conveying property within a family.