• Want to remove name from poperty

There is a joint falt in Delhi. And we are paying loan for it. We bought it 2 years ago. Now we are going to mutual divorce. My wife wants to leave ownership. Till now she is paying EMI. From next month I'll pay EMI. Loan will be transfered in my account. After that we want to remove her name. Bt how to remove her name from the poperty? What to do for it?
Asked 6 years ago in Property Law
Religion: Hindu

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22 Answers

Dear Sir,

 

- A Relinquishment deed can be executed in your favour. " Relinquishment deed is a legal document/instrument where a person legally or formally gives up or releases his legal rights of the said property being relinquished in the name of some other person. This is one of the modes of transferring rights of immovable property. 

(As a relinquishment deed is a legal document by which a person formally gives up his claim to another person, the said deed must be systematically executed and registered as per law depending upon the needed compliances as per the statutory governance. Kindly note that one needs a good property lawyer for systematic legal compliances and needed documentation for drafting/making relinquishment.)

- Or even a registered agreement can also be signed and submitted to respective authorities to change the ownership.

 

Regards

 

Vivek Arya

 

 

 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

Your wife can execute gift deed or relinquishment deed for her 50 per cent share in property 

 

it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
99865 Answers
8148 Consultations

Dear Sir,

 

2 years ago, the property was purchased in the joint name. Now, if you remove her name from the property, you have the following solution:

 

Your wife can relinquish her rights in the property in your name, thereafter, you will be the sole owner of the property.

 

Hope this clarifies, feel free to contact me.

 

Regards,

Kajal Bhatia

Kajal Bhatia
Advocate, Delhi
22 Answers

You can get a deed of relinquishment from her relinquishing all her right over the property conferring absolute right in your favor

Sricharan Telaprolu
Advocate, Hyderabad
170 Answers
95 Consultations

1.  AFTER taking proper NOC from the Lending Bank, Wife can execute a registered Gift Deed or Release Deed for her 50% share, with strategic clauses.

2.  AFTER above submit photocopy of above Deed to Bank, to delete name of wife from Loan account.  Also give copy to relevant authority (grampanchayat /municipal /tahsil offices) to delete name of wife from all records.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Client,

Your wife may transfer property by way of Transfer Deed or by way of relinquishment deed.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Dear Client,

Your wife may transfer property by way of Transfer Deed or by way of relinquishment deed.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

1.  I've already provided you the answer as above.  That is the only safest and legal way to achieve your purposes.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Relinquishment deed can be executed by your wife 

 

consent terms in divorce petition  should  mention wife would execute relinquishment deed for her share in property 

Ajay Sethi
Advocate, Mumbai
99865 Answers
8148 Consultations

Put it in the terms of mutual divorce, it will suffice because both of you are joint owners and you undertake to clear the loan liability

Sricharan Telaprolu
Advocate, Hyderabad
170 Answers
95 Consultations

Your wife can execute relinquishment deed in your favour, in order to to make you the sole owner of the property for which stamp duty is payable and the relinquishment deed needs to be mandatorily registered.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

In order to remove her name, you'll have to get a relinquishment deed executed in your favour and get the same registered in sub registrar office, as advised above.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Relinquishment deed would be legally valid and enforceable in your case too.

Gift deed cannot be executed as there is still unpaid loan amount in the bank. Gift deed can be executed only after getting NOC from bank.

Release deed and relinquishment deed would basically serve the same purpose.

 

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Dear client 

You can get relinquishment deed from your wife in which she give up all her rights in the joint property.

Relinquishment deed can be taken from your co owner also for transferring the whole property in your name.  And you can give this deed to bank for transferring of loan to your account. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Execute relinquishment deed or gift deed. 

Mohammed Mujeeb
Advocate, Hyderabad
19339 Answers
32 Consultations

You can register Release Deed in Sub Registrar Office.Thereby her right from property shall be released.Stamp duty shall be payable on the consideration value of Release Deed. 

Mohammed Mujeeb
Advocate, Hyderabad
19339 Answers
32 Consultations

Yes you can execute registered Relinqishment deed

Prashant Nayak
Advocate, Mumbai
34579 Answers
249 Consultations

Hi,

In the present situation, you are suggested to prepare a settlement deed which will be used for loan purpose as well as before registrar of property for removing her name. One of the way may be to buy out the share without paying any money by way of settlement deed.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

U can make the changes by executing the release deed .

Seshukumar Kuchibhotla
Advocate, Hyderabad
57 Answers

First get NOC from bank to remove her name from the joint loan account and after that let she transfer her share in the property by executing a registered gift deed in you favor after which the property will automatically be on your name alone,.

T Kalaiselvan
Advocate, Vellore
90067 Answers
2499 Consultations

Relinquishment deed is not applicable to this situation, 

She has to execute a registered gift deed in your favor which will solve the problem

T Kalaiselvan
Advocate, Vellore
90067 Answers
2499 Consultations

This arrangement can be given effect to under a release deed.

Contact a local lawyer so that he may help you with the drafting and execution of a release deed.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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