SUNIL1111 29 December 2023

Mutual divorce

Me and my wife taking mutual consent divorce. We have a joint flat in Pune and 68% contribution done by my father by Cheque, 28 % me through EMI and 4 % emi by my wife. In mutual consent divorce my wife agree to give her 50% share, title and right to my father because my father did majority contributed for the joint flat.

1. I was told by Advocate that mutual consent petition is between you and wife so the beneficiary cannot be your father and terms can gets volded. i asked another advocate he said it is ok if that is clearly started with reason why she is planning to give her share to father. Can mutual consent divorce petion will be considere null and viod if third party is benefiiary?
2. BAsed on question 1, if it is allowed to have third party beneficiary in mutual consent divorcer then which is the best apprach for property transfer. I was told by Advocate that release deed only happens between co-owners and not third party. In my case since my wife will be giving her share to father(third party) then the option is to go for sale deed. I am planning to do Sale deed and show contribution done by the father to the EMI and both me and my wife cannot return back money to my father and my wife contribution is just 5% so she with her full consent is selling her title, share to my father. In this case there is consideration value shown so there might be no issues in future.
Is it correct that release deed is not applicable for third party and I need to go for sale deed?
3. Based on question 1, if mutual consent diorce is considered null and void, then is it correct to go for release deed? If yes, then can i show the release deed consideration value from the funds from my self and my father? Another option is to go for release deed without consideration or gift deed? which options is better in my case because i dont want any civil case complications in future?
I personally consider sale deed to father will be correct in my case but I am not a expert in this area so need expert help.

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3 Replies

SAM (LEGAL) 29 December 2023

Falt is in whose name? Forget about the contribution made, check the names mentioned in flat agreement. I dont think that in the agreement your father name, your name and your wife name is mentioned jointly. Only two parties names are written in flat sale agreement. Check that first.

In mutual consent divorce dont give any consideration amount to your wife. Even if she ask you then give her 4% or 5% share in terms of money

T. Kalaiselvan, Advocate (Advocate) 29 December 2023

1. Since the property is on the joint names of you and your spouse, it would be proper that she transfers her rights in the property in your favor, you can very well transfer the same to your father at a later date instead of holding it tight at this stage itself.

2. If the property is under mortgage home loan then there is no question of she selling the property, the bank will not accept this kind of transfer.

As the property is on you two names only, then she has to execute a registered gift deed and not a release deed to relinquish her rights.

Any such thing can be done only after the loan is fully discharged, however you can discuss wiht the bank manager for including your father as a co applicant

3. For your third question the answer is given in the scond point above.

CarmellaGlynn 10 January 2024

In many jurisdictions, a mutual consent divorce typically involves the parties directly, and the terms are primarily focused on the division of assets, liabilities, and other matters between the spouses. Introducing a third-party beneficiary, such as your father, may complicate the process and may not be permissible in some jurisdictions online games.
The validity of the mutual consent divorce petition and the terms involving a third-party beneficiary would depend on the specific laws, regulations, and judicial interpretations in your jurisdiction. It's essential to consult with a local attorney to understand the legal implications and potential risks.