Kabutar87 02 August 2021

Mutual consent - divorce , pending unconstructed flat

Hello Members,

Me and my wife going for mutual consent divorce but it cannot be proceeded due to under construction property settlement.

So, we reached out to builder to do gift deed but they are asking for bank no-objection whereas bank is demanding gift deed. Is there any way this can be sorted as possession might take another year.

Also, I talked to my lawyer if we can file MOA( not sure about it but it is some sort of declaration) wherein both will state that we will only settle this much and hence can file divorce.

Could you please suggest any way-out here. Thank you in advance.

Thanks.

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Quick Summary

This discussion addresses a common challenge in mutual consent divorces where an under-construction property complicates the settlement. The original poster is facing issues with the builder and bank regarding a gift deed for the property, as both require the other's no-objection. They are seeking alternative solutions, including a potential Memorandum of Agreement (MOA) to proceed with the divorce while the property issue is resolved. Other members suggest that bank permission is essential for any property transfer when a loan is involved and advise seeking legal alternatives.

2 Replies

Andi Duferense 02 August 2021

https://www.lawyersclubindia.com/forum/details.asp?mod_id=157069&offset=1

SHIRISH PAWAR, 7738990900 (Advocate) 02 August 2021

Hello,

A gift deed or any type of transfer will not be allowed if you have availed bank loan. You will have to seek bank permission for a gift deed. Ask your lawyer to find out an alternate solution for it.