Bhavna (EA) 30 November 2011

Release deed

Sir,

Me and my husband have a joint immovable property in Gurgaon and have agreed that my husband will take an X amount and let go of his share in the property and will transfer to my name. This has been mutually settled and mutal consent divorce is filed and decree will be granted in few months time.

We would like to ensure that the registry is done in my name and i am the wholesale owner of that property and i will also be giving teh necessary stamp duty applicable.I have 2 queries:

1. i do not want this to be a gift deed as my husband is taking money from me to give this to my name, so what kind of a sale deed it will be ( mentioning that he is taking money and now he gves all right and ownership to me an does not have any right to thsi property). Post which we will get the same registered ...Pls guide me with the draft/template as i am unable to get one

2. also , can you pls also clarify that we will be paying stamo duty on his share ? cause i have anyways registered the entire property under joint name fwe years back as per govy laws.

pls help and guide.

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7 Replies

raj kumar ji (LAW STUDENT ) 01 December 2011

taking release deed from ur husband or u purchase the his share >

Advocate Vishnu (Advocate) 01 December 2011

Dear Bhavna,

Pl go for a registered sale deed , as you are ready to give him consideration for the said transfer.You will have to pay a stamp duty to the extent of his share. This is always safe and will ensure you have good title over the property.

Bharatkumar (ADVOCATE ) 02 December 2011

Sale Deed is best way u can pay a amount of his share and registration this deed at registrar office. Stamp duty and registration fee will be pay by u and then take a title certificate from Advocate / Solicitor.

Bhavna (EA) 02 December 2011

sir,

what is the title certificate and what purpose does it solve? is it necessary to have this....pls guide..many thanks

Advocate Vishnu (Advocate) 02 December 2011

Bhavna,

There is nothing called a title certificate. Good title means, your ownership over the said property is absolute and is enforceable in the court of the law if any dispute/problem arises. Pl go for proper sale deed and the property is all yours . Good luck.

Bhavna (EA) 09 December 2011

Thanks everybody....but a question...as the background is of mutual divorce and thsu now we - husband and wife who were co owners of teh said property will now become vendor - vendee , thus, is there any specific language/para/or lines which need to be inserted in the sale deed which can help it make more tight and complete....Pls suggest....regards'