Your ex-husband would need to execute gift or relinquishment deed in your favour l, which has to be compulsorily registered after payment of stamp duty.

Your ex-husband can give a power of attorney to some person to get it registered on his behalf in sub registrar office in whose jurisdiction the property is situated.

Hi Sajatha,

Your husband has to sign relinquish deed or release deed or transfer husband title rights on wife's name. 

It's depends upon the property is self owned or joined owned plus its free hold property or mortgage.

In that case, gift deed would be the best way to get it done.

Than you can go for quit claim deed.

Quit claim deed: This deed is signed in order to transfer any ownership interest of the owner without making any promises regarding the properties interest. They are basically used in order to clear up the title problems or to transfer the property amongst couples after separation or any informal decisions. It is very important to write the precise and complete names of the transferor and the transferee.

Sorry to break you ice, but foreign courts do not have jurisdiction to decide a matter pertaining to a property which is located within the geographical jurisdiction of India. 

If you want to sell the property, you would have to get a relinquishment or gift deed from him. Without that also, you can sell the property for which you can take a power of attorney from him and get it registered wherin you can be authorised to make the sale and receive consideration for the same, but the risk with POA is that it is very easy to challenge. Gift deed is safer.

I understand that the property is in joint ownership. in my opinion, you have to relinquish the title in your favour, for this your ex husband should execute relinquishment deed in your favour stamp duty would be applicable. 

Without consent of your ex husband said property cannot sell. 

Your husband has to relinquish his share in your favour vide registered relinquishment deed . The deed need to be stamped and registration fee is required to be paid.

Also alternatively he can gift you his share vide.the deed.

See based on divorce decree you cannot force him in India. Here in India you need to file fresh suit for decree.

Further also if husband is ready he can sign directly the relinquish deed and it can be registered.

You can execute a registered gift deed for the same

The decree of divorce was issued by a USA district court. The divorce is enforceable as you both submitted to its jurisdiction. But the property is located in India and hence a decree of the USA district court cannot be made enforceable in India on a property situated in India.

What you can do is..as you both want to settle the issue as per the decree...is that you transfer your share to your wife or vice versa via a simple transfer of property. Stamp duty has to be paid.

Regards 

Deed of relinquishment has to be executed by your ex husband 

2) it has to be duly stamped and registered 

gift deed or relinquishment deed has to be executed 

your ex husband can execute POA in your favour to sell the property 

POA has to be attested before Indian consulate 

better option would  be for execution of RD 

1. Let your husband either gift or relinquish his share in the property in your favour by executing a registered Gift/Relinquishment Deed in the jurisdictional Sub-registrar's Office.

2. After the execution of either Gift or Relinquishment Deed in your favour, you will become absolute owner of the property.

3. Then you can sell the property to anyone, as you will be the sole owner of the property.

You have to get first mutual consent divorce that if he is not willing to sign property papers on your name.

Or you can make tripartite agreement directly for selling property which is assigned to you and ask your husband to cooperate for signing the papers and coming to india in front of registrar.

An agreement entered into between the parties and decreed by a competent court of law can be set aside on the grounds of fraud etc.

Registrar shall require the signature of the parties to register the sale.

Get him to release his share by getting registered .

Regards 

G.Rajaganapathy 

Dear client,

You may get transfered this property by way of transfer deed in your favour on the basis of the divorce and partition of property.

1. The property in India will continue to be joint in spite of any direction passed by USA Court. The decision or direction given by the USA court is not valid in India and none of you can become its sole owner on the basis of this judgment.

Now if you or your husband intends to become its exclusive owner then either of you will have to transfer your respective share in favour of another by way of a registered deed of gift or relinquishment which attracts stamp duty as well. 

Another option is both of you can jointly sell the property and divide the sale proceeds as per your mutual understanding. 

1. husband can execute a release deed in your favour in consideration of your releasing your right in the property which has gone to him under the divorce decree

2. i do not think a gift deed is possible because a gift is made out of natural love and affection of donor towards donee, which cannot be said in case of a divorced couple

1. If you are not yet divorced then he is not yet your ex-husband.

2. You can ask him to register a gift deed in your fabour conveying the title of the said property to you.

3. Once you are divorced from him, he might vrefuse to convey the title of the said property in your favour.

1. It means that you are owner of 50%  share o0f the said property in India.

2. He shall have to register a gift deed for transfering the title of his said 50% share of  the said property in yiour name  as suggested in my earlier post.

1. It appears that you have already been divorced from your husband.

2. The decree of divorce passed by the USA  Court isd not valid in India unless you get it validated by filing an application before the appropriate District Judge in India.

3. He shall have to register the gift deed as suggested in my earlier post. 

Dear Madam

For transferring of property in your name that is complete ownership on the property will be done by taking relinquishment deed from your ex-husband to your name regarding the property and get the deed registered.

Then with the relinquishment deed and the original deed of property you and your husband have to visit the sub registrar of your Area to get the property transfer to your name. 

If he is willing to give away his share in the property to you then he may have to execute a registered settlement deed or gift deed in your favor.

He can give a POA deed to you name which you can get it adjudicated  in India before the concerned registrar's office and execute a registered settlement deed in your favor in the capacity of the Power agent to your name, this will make sure that the property is transferred to you in entirety 

The suggestions given in the previous post was keeping in mind about the jointly owned property only.

The answer to your subsequent question also remains same to that what was stated in the first post of this thread.