Wife should execute gift deed in favour of husband for her 50 per cent share in property
2) if should be duly stamped and registered
Joint property to single owner after divorce
Hello, My brother is getting through divorce and has some issue with his property. It was a special marriage act (Hindu husband-Muslim wife). The wife does not want to continue the marriage any more and thus they are getting a mutual divorce. They bought a property (flat) as a joint owner and the wife does not want the share of it after divorce since she did not contribute to the property financially. Under this condition, what should be the easiest and cheapest way to transfer the property to my brother's name? Kind Regards, Shampa
Asked 5 years ago in Family Law
Religion: Other
9 Answers
The location for this case is West Bengal. Which court/registry office/ lawyer should be contacted to initiate the transfer process and how much it will cost till the completion?
Asked 5 years ago
Engage any lawyer on this website for drafting gift deed
legal fees vary depending upon lawyer engaged by you
Hi, your brother wife has to execute Gift Deed or Release Deed in favor of your brother. Thereafter, your brother will become the absolute owner of the property. The stamp duty payable is very nominal. Regards.
SinSince I am from West Bengal if you inform the location I can help you to solve this.
Gift deed is most easiest and cost effective method to transfer her share in favour of her husband.
She can execute registered relinquishment deed in your favour for the same
Hello,
- It would be cheapest to have a Gift Deed transfer by the wife to the husband before the divorce is completed. As husband and wife the only charges to be paid is registration charges that is less than Rs. 1000 and the charges of the lawyer for preparing the document.
- You must contact a lawyer from the same locality where the property lies so that he can wholly take care of the whole process. The consent terms must include mention about the transfer of property and the reason for the same.
If his wife is ready to forego her share in the jointly owned property then she may execute a registered gift deed in his favor.
Once she transfers her share of property to her husband by a registered gift deed, she has no rights in the property, and he shall become an absolute owner of the entire property with clear and marketable title to the property.
But she has to complete this process of transfer before the divorce decree is granted.
They can contact a deed writer in their local locality who will prepare the gift deed and get the same registered on their behalf in the concerned sub-registrar's office.
- If the said property is in the name of both , then they can claim 50 percent share in the property legally , and one party cannot take the share of other
- Further , if your brother has only invested his amount , then he can claim the full ownership of the said property after filing a suit for Declaration before the court .
- Further , as they are going for mutual divorce , then they can settle the dispute of the said property amicably , and further execute an agreement for the same as well.
