1. You will have to execute a gift/relinquishment deed in favour of your wife, which will have to be stamped and registered. Only a transfer between blood relatives is exempt from payment of stamp duty. Husband and wife do not share a blood relative.

2. After the share is transferred to her, she will be at liberty to sell it to anyone without you having to execute the sale deed as a conforming party.

1. Will Does not require stamp duty though it attracts nominal registration fees.

2. By Will there is no immediate transfer of proeprty. Will comes into effect only after the death of the maker of the Will. So f you wish to make your wife sole owner of the proeprty by transferring your half share then you will have to make a registered gift deed which indeed attracts stamp duty,

3. Once you make gift deed you are divested of the proeprty in all aspects and hence your wife can sellit to anyone she chooses in which you will have to say.

You can execute gift deed for your share in flat in favour of wife

2) gift deed should be duly stamped and registered

3) it attracts nominal stamp duty of Rs 200

4) registration charges are also Rs 200

5) society will transfer flat in name of wife pm basis of gift deed

6) no transfer charges have to be paid to society

Dear Querist

My opinion on your queries are as under:-

A) Will this require registration / payment of stamp duty?

Opinion:- Yes, the registration is required but you can choose the family settlement deed executed between you and your wife based on your settlement and execute the family settlement Deed before the Registrar/Sub-registrar of area. the Cost for registration of family settlement Deed is very nominal and convenient for both of you for all purpose.

B) What document I need to execute to facilitate the transfer of flat to wife's name?

1) For Housing Society record 2) For Sub-Registrar Office to record the transfer?

Opinion: After execution of family settlement deed you or may submit the same before the Housing Society and the society may change the same in your wife's name as per settlement deed(registered).

C) A couple of months later, if wife decides to sell the flat (to a third party), will it require me to execute new / more documents?

Opinion:- No, until and unless the buyer wants to execute sell deed by both of you. otherwise there is no requirement because in the settlement Deed it will be mentioned that she has all rights to sell, rent or mortgage the property.

Feel free to call

Sir, you can transfer it to your wife without paying Stampduty through transfer deed..2)the transfer deed will be sufficient to housing society record..3)no you will not be required if she sell it to any third party

Yes it is done out of love and affection not for any consideration. You have not paid your wife any money

2) you can execute gift deed or relinquishment deed

Sir,you can make gift deed.. No such objection will arise out of it.. Your consent is there and your wife will not object as she is the benificiary.. So it can be done without any difficulty...2) I suggest you to transfer it through gift deed,, once she acquire the whole share she can keep or sell it according to her wish

Pass it on through a gift deed. It is a general practice to do so in mutual consent divorce cases.

Hello,

Gift deed is generally done during the mutual consent divorce cases. Through a gift deed you can transfer your share of property to the wife.

Regards

A) Will this require registration / payment of stamp duty?

(I read this article which says that in Maharashtra - https://consumerresources.in/2015/05/21/no-stamp-duty-required-for-transfer-of-property-to-relatives/ - agreement on Rs. 500 stamp paper will suffice.)

You can execute a registered gift deed in respect of your share in the property in your wife's favor.

The Maharashtra rules have changed, now the stamp duty is required to be paid even for the transfer within the relatives .

B) What document I need to execute to facilitate the transfer of flat to wife's name? 1) For Housing Society record 2) For Sub-Registrar Office to record the transfer?

You have to execute a registered gift deed in respect of yor share in the jointly owned property.

As far as as society is concerned they will be having the prescribed formats by which you can transfer your share in the property

C) A couple of months later, if wife decides to sell the flat (to a third party), will it require me to execute new / more documents?

No. She will become the absolute owner hence she do not need to take your consent or permission or NOC for this.

a) Gift Deed - I understand one of the condition for a Gift Deed is - "Donor should make the Gift by his free consent with no consideration involved" . As the transfer of flat is arising out of a Mutual Consent Divorce terms, will it pass muster of this condition?

Dont read between the lines.

The gift deed to be executed is after the mutually agreed conditions.

Hence the gift deed is valid.

b) In Mutual Divorce cases, what is the dominant practice for transferring property - Gift Deed or Relinquishment Deed? - especially when Wife will like to sell the property going forward.

There is no provision for relinquishment of rights in the jointly owned property. this clause will be applicable only for the co-shared properties inherited from parents or ancestors