Removing name of ex wife from sales deed
I have purchased an immovable property (plot) at my own expenses. During the process of the purchase my ex wife insisted to include her name in addition to mine, which I complied assuming to be as a nominee. However, on the receipt of Sale Deed and Registration Document, found that her name has been mentioned as 'Claimant' along with mine. Since at that time our equations were clement so haven't bothered much about its ramifications .
However, view certain differences we got divorced for the last one and half years in mutual terms. The Divorce Decree, which has been petitioned on Mutual Terms, clearly states the fact that no further claim could be made to each others property and all movables and immovables been adjusted accordingly.
How could I make necessary amendment towards removal of her name from the immovable property as mentioned above? Please also advice the alternative towards obviating undue hassles as not having information about her whereabouts and also the feasibility of her non intervention view apprehension of her malafide intention.
Asked 2 years ago in Family Law from Mumbai, Maharashtra
1) consent terms are vague .
2) there is no specific clause that your wife will execute gift deed or relinquishment ded for her share in immovable property purchased in joint names .
3) your wife can execute gift deed/ relinquishment deed in your favour for her 50 per cent share in property . have it duly stamped and regd
As I have mentioned that I am not aware of her whereabouts and also dont intend to. So could it be possible to do necessary amendment ex parte? Also the registration says her to be claimant 2 and self as Claimant 1 but self the Primary Owner as entire payment and applicable process been done by me.
Asked 2 years ago
1) your wife presence would be necessary for registration of gift deed/ relinquishment deed in your favour in respect of the said flat
2) your wife is the joint owner of the said flat .
3) try to trace your wife whereabouts
4) in the alternative you will have to move court for declaration that you are the absolute owner of the said flat as all payment have been made by you
At present the joint name of you and your wife in the title deed indicates that she has half share in the property. In this situation a relinquishment deed / gift deed is necessary for getting her share to you. So compel her to make such a relinquishment as per mutual divorce agreement.
If she is objected to create the same you can approach the court for declaring as you are the absolute owner of the property after the divorce .Use the judgement and decree of Divorce as evidence for this purpose.
Whether knowingly or unknowingly you have purchased the property in the joint names therefore the property now stands in both the names as joint owners.
The mutually agreed terms in the mutual consent divorce decree will not bind this and you have no exemption to this as per that agreement.
Until and unless she executes a registered gift deed or sells the property to by by executing a registered sale deed, you cannot claim single and absolute ownership. You can dispose only half of your share in the property and if it is not partitioned, you can sell undivided share only.
Consult a local lawyer, he may be having a different idea to tackle this issue which cannot be suggested in the public forums like this.
1. She is a joint owner of the property with same legal rights as you. One joint owner cannot remove the name of other joint owner from the sale deed.
2. Your wife has to execute a relinquishment deed in your favour to relinquish her ownership in your favour. There is no other legal remedy available to you.
First of all you have to file a suit for declaration regarding the same before civil court based on the term and conditions of the mutual consent divorce.
After getting the order and decree from the civil court you may file an application before sub registrar regarding the correction of Deed and he has power to do the correction.
Feel Free to Call
Advocate, New Delhi
There is no need to get your wife involved , as you have obtained a Divorce decree and the terms of settlement are written in the same mentioning about no further claims of her. You need to obtain an order from the magistrate to the registrar of updation of the names in the registry.