1. Since, the said property is in the joint name then the divorce decree cannot be a ground for removing her name from the sale deed of the property . 

- However, if you have only paid the entire consideration amount for purchasing the said property then you can be declared as single owner of the said property after submitting the proof of fund before the Court. 

2. A suit for declaration should be filed before the Court , and the registrar has no power to remove her name 

3. If she is agree for giving her 50% share in the property to you , then she can register a gift deed in your favor and a relinquishment deed is not required herein 

- If she is unable to come to India, then she can give POA to any her relative in India even without coming to India. 

Mere divorce decree is not sufficient 

wife has to execute relinquishment deed fir her share in property 

3) stamp duty is stare subject varies from state to stare 

4)?she can execute POA in favour of family member to execute relinquishment deed 

If the divorce decree states clearly that your ex-wife shall not have any claim over your immovable properties, you automatically become the sole title-owner in the conveyance deed registered under your joint names. Nothing further needs to be done. There is no procedure for 'deletion' of your ex-wife's name in the sale deed. If you wish to alienate the property in future by mortgage or sale, the original sale deed and a certified copy of the decree will be sufficient along with the parent documents in your possession.

1. Any divorce decree will not affect property rights  crated prior to pasing decree.
2. She can execute a registered relinquishment deed in your favour.
3. She need not come to India to sell immovable property. Any immovable property can be sold, purchased or gifted by person residing abroad through Special Power Attorney/GPA. The procedure is, draft a special power of attorney on Indian stamp paper of 100 rupees which  is available in all countries  or even on white paper giving SPA to any of your relatives/friend to sell the property.  Get the  SPA/GPA attested by notary public having jurisdiction at the  place where the  executer resides. Send the SPA to the person named, he will take the SPA to the District Registrar who will validate it by putting his seal and signature. With the validated, the  attorney can register the  relinquishment deed.

4. If wife is not ready to cooperate, file a suit from declaration in civil Court will proof of payments and divorce  decree.

It should be given in favour of blood relative 

A GPA or an SPA can be given to any person, a relative or friend. There is no legal bar. Please clarify if in the divorce proceedings your wife had filed an affidavit forgoing all her claims over your immovable properties, based on which the decree was passed. If so, that itself shall amount to relinquishment, and there is no need for any further action.

1.  The divorce decree states that she cannot claim any share in your property as a right,but since as per the registered sale deed she is the joint owner of the property. However since the court clearly states the details of the proeprty and has passed any order restricting her claim for a share in this property, she may not be able to claim any rights over it, hence in order to remove her name from the encumbrance of the proeprty you may have instruct her  to execute a registered release deed relinquishing her rights in the property on the basis of the court decoree 

2. She has to execute a registered release deed based on the divorce decree, if she is reluctant to do so, you can file an execution petition to execute the court order particularly for this relief alone.

3. She can very well execute a power of attorney deed in the country of her residence, in favor of any person in India, duly attested by indian consultant, then the power agent shall get the power deed adjudicated before the concerned registrar and shall perform the task delegated to him/her in the power deed   

The power of attorney deed can be executed in favor of relative or even any known person in India, the stamp duty will be applicable accordingly.

It can be given to any person friend or relative. There is nominal fixed fee for validation. 

You can’t remove her name unless you make a new deed or she relinquishes her right. If she can’t come she can appoint a POA for the same in her absence to execute relinquishment deed

- It can be given to any her relative 

Dear client,

The divorce decree alone is not sufficient to remove her name from the property title, even if she mentions that she has no claim over the property. To remove her name, you will need to execute a legal transfer of ownership by following various steps:

1. As she is the co-owner, her name can only be removed by executing a relinquishment deed in your favor, and after registration of the deed, her name shall be removed from the property deed.

2. And for the execution of the relinquishment deed, she has to present in India. And if she is not present in India, she has to execute the following through making a power of attorney in favor of a representative in India.

3. And once the relinquishment deed is executed, apply for the mutation.

Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.

1. Divorce Decree is NOT Sufficient – It only confirms she won’t claim the property but does not remove her name from the title. A legal transfer is still required.

2. Process to Remove Her Name:

   • Relinquishment Deed – If she agrees to surrender her rights without compensation, she must execute a registered relinquishment deed at the Sub-Registrar Office (SRO) in Bangalore.

   • Gift Deed – If she gifts her share to you, it also requires registration.

   • Sale Deed – If she wants compensation, she must sell her share to you via a registered sale deed.

3. Stamp Duty & Charges in Bangalore (Approximate):

   • Relinquishment/Gift Deed – ₹5000-₹10,000 + registration fee.

   • Sale Deed – 5%-7% of the property’s guideline value.

4. If She Can't Travel to India:

   • She can execute a Special Power of Attorney (SPA) in favor of someone in India.

   • The SPA must be notarized in her country and then apostilled or attested by the Indian Embassy before use in India.

   • SPA/GPA can be given to ANY trusted person (not just blood relatives).

Final Advice:

• Best option: A relinquishment or gift deed if she agrees.

• If she wants money, a sale deed is needed.

• If she is abroad, a properly executed SPA can be used.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

1. Does the Divorce Decree suffice to remove her name from the property?

No, the divorce decree alone is not sufficient to remove your ex-wife’s name from the property records. Property ownership is governed by the Transfer of Property Act, 1882, and a divorce decree does not automatically alter the titlein the Sub-Registrar’s Office. Even if the decree explicitly states that your ex-wife waives any claim, her name remains on the sale deed and she retains legal ownership unless a valid relinquishment or transfer is executed.

1. Process to Remove Her Name from the Title:

Since both of you are co-owners as per the sale deed, your ex-wife’s consent is required to transfer her share. The appropriate legal instruments for this purpose are:

(a) Relinquishment Deed:
If your ex-wife is willing to surrender her ownership rights, a relinquishment deed can be executed in your favour. This deed must be registered under Section 17 of the Registration Act, 1908.

Steps to Execute a Relinquishment Deed:

• Draft the Deed: Prepare a deed explicitly stating her intention to relinquish her share.

• Stamp Duty & Registration Fee: In Karnataka, stamp duty is approximately 5% to 7% of the market value of her share. A registration fee of ₹500 applies if transferred to a family member, but this does not apply to an ex-spouse.

• Registration: Both parties must appear before the Sub-Registrar where the property is located to complete the registration.

• Mutation: Once registered, apply to the local revenue office for mutation to update ownership records.

(b) Gift Deed:
Alternatively, your ex-wife may execute a gift deed transferring her share to you. This also requires registration and incurs similar stamp duty charges.

Key Difference:

• Relinquishment Deed is used between co-owners and usually within family members.

• Gift Deed can be executed in favour of anyone and is broader in scope.

1. Power of Attorney (PoA) if She Cannot Be Physically Present:

If your ex-wife is unable to travel to India, she may issue a Special Power of Attorney (SPA) authorising someone to act on her behalf for the execution and registration of the relinquishment or gift deed.

Procedure for NRI Power of Attorney:

• Draft the PoA: It must specifically empower the attorney to transfer her ownership rights.

• Attestation: The PoA must be attested by the Indian Consulate/Embassy or notarised and apostilled if issued from a Hague Convention country.

• Adjudication in India: Upon receipt in India, the PoA must be adjudicated under the Indian Stamp Act, 1899 at the local Sub-Registrar’s Office.

• Execution of Transfer: The authorised person can then execute and register the relinquishment or gift deed on her behalf.

Who Can Be the Attorney?
The PoA can be granted to any individual, including a friend, lawyer, or professional—it is not restricted to blood relatives.

1. Conclusion:

• The divorce decree is not enough to remove your ex-wife’s name from the property records.

• A relinquishment deed or gift deed must be executed and registered.

• If your ex-wife cannot be present in India, she can issue a Special Power of Attorney to facilitate the process.

For assistance in drafting legal documents or further legal support, you may reach out to us.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Take a relinquishment deeded from her. Divorce papers aren’t sufficient. If she cannot travel to India, the RD can be executed through her PoA holder in Bangalore, india. For the PoA, she needs to get the paper work moved through the Indian Embassy,.