• Mutual consent and property implications

Hi Sir,
I have a query. I am getting divorced by mutual consent, where my wife is agreed to sign all requisite documents to relinquish her claim on my sole property where she is also co-applicant.

Property description:-
----------------------------
it is a flat(private builder Apartment in Nth floor) in Noida which was purchased when we both had love and affection. No sale deed and registration of the flat have done yet.
Only Builder buyer agreement and tripartite agreement with bank for loan have done.85% of property value has already been paid from my pocket (hard earn money) rest 15% is in Loan.

Condition of signing of documents by wife/in-laws
------------------------------------------------------
They will sign it at the moment of recording of statement in second motion (final decree)
I also don't want to keep anything for later stage post divorce.

How could I proceed to get  all relevant documents signed to ensure that later when sale deed and registration of property will be executed.she must be not be needed to be present and everything must proceed seamlessly.

I thought about relinquishment deed.

Questions.
1.  can relinquishment deed be executed in case of unregistered property where sale deed has not yet executed?
2). if Yes, how can it be possible to execute it before decree where my wife is not willing to sign any documents before second motion, but  agree to sign at the time of recording of statement on final motion same day?
3). what other documents can i prepare and get it sign to avoid any future legal battle on property due to mistrust or swing of mood by her in front of family judge?

Kindly advice me. Thanks in advance.
Asked 6 months ago in Property Law from Noida, Uttar Pradesh
Religion: Hindu
1) builder buyer agreement  has been executed by builder in favour of you and your wife .

2)your wife can execute an affidavit wherein she should mention that she has no right , title interest in the flat and has no objection to sale deed being executed in your favour by the builder

3) she should also intimate the bank  to transfer the loan only in your name as she has relinquished her interests in the flat . 

4) you should contact the builder regarding documentation to be executed so that sale deed is registered only in your name . 

5) your wife should also in the consent terms undertake to execute all such documents in future as may be necessary for  relinquishing her interests in the flat 
Ajay Sethi
Advocate, Mumbai
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1225 Consultations
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Dear Querist
Execute a MOU with her in which you can mention all the details/terms and condition of divorce, that MOU will be the part of the divorce petition in which clearly mentioned that she will be not right over that property/flat and she has no objection if the property will be registered in your name.

in the court order these terms and conditions will be mentioned.


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Nadeem Qureshi
Advocate, New Delhi
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130 Consultations
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1. When there is no sale deed the title has not conveyed. Without conveyance of title you cannot relinquish it. Your wife should execute a GPA in favour of the builder to authorize him to register the sale deed absolutely in your favour.

2. The GPA may be executed before the second and final motion. 

3. To preempt future complications get a flawless MOU drafted by a lawyer.
Ashish Davessar
Advocate, Jaipur
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Hi. There is no sale deed and hence she has no need to execute release deed in favour of you.

2. Only the agreement was entered so ask the builder to register the same in your name and there is no necessity to execute release deed from your wife.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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1.  can relinquishment deed be executed in case of unregistered property where sale deed has not yet executed?

Since she is a co-applicant she may have to execute relinquishment deed if the property is bought under registered sale deed where she is a co owner, but if she is just a o-applicant and the property is yet to be registered then a NOC from her to transfer the entire loan on your name and to discharge her from the loan liability can be made in writing duly witnessed before the bank manager which would suffice the requirement.





2). if Yes, how can it be possible to execute it before decree where my wife is not willing to sign any documents before second motion, but  agree to sign at the time of recording of statement on final motion same day?

What do you mean by this?,  you can get this executed after the second motion too, ask her to come to bank and get it executed.





3). what other documents can i prepare and get it sign to avoid any future legal battle on property due to mistrust or swing of mood by her in front of family judge?

Once she is discharged from the loan liability of the property she cannot claim any share in this property in future since you will be the absolute owner of the same. 

T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
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