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Helpseeker (Manager)     28 January 2014

Need urgent help on transfer of rights of property

Dear Experts,

 

I am in a big deadlock with my wife. Please help here. We both want mutual divorce but not sure how to execute the full & final settlement. 

I am in process to a mutual divorce petition with my wife. The full n final settlement involves transfer of a jointly held property in mumbai to her name(the divorce is filed in delhi due to other reasons). does it need to be done by a gift deed/release deed? I understand when you say it has to be stamped and registered, it means registering it in sub registrar office of the region. I want to safegaurd myself in case my wife refuses during 2nd motion, how can it be done? If I sign and keep the registered deed with me and handover only after/during the 2nd motion, can this help? Even if the registered deed is with me, but in the records of sub registrar it has always been updated, can she not get a copy of registered deed made in duplicate and ditch me during 2nd motion. 

we are in a deadlock as to whether the registration of gift deed should be done before 2nd motion (which is in her ineterst and I am unsafe as she may not appear or 2nd motion) and I want to do this immediately after 2nd motion so that i am sure that I am getting divorce (but now she is feeling unsafe that I may not turn up after 2nd motion and she will be stuck). 

Is there a middle path available. How can either I or she can provide gaurantee (say financial gaurantee) and ensure inetersts of both are safegaurded. What should be the procdure followed considering property is in Navi mUmbai.



Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 May 2014

Relinquish deed is better option instead of gift deed.  It  should be registered.   You both file consent divorce petition and request the case for mediation their you can compromise.  Before final stage RR deed can be regd., and it can be handed over at the final stage.


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