• Remove my name from property deed!

Good Day,

I am the only child of my parents.The residence where me & my parents are staying is registered in my & my mother's name. Presently I'm on the verge of going through divorce proceedings & I don't want my wife to have claim on this property (This residence was built well before our marriage & my wife has no contribution to it). The divorce notice is likely to be sent in a couple of weeks

Is there a way to remove my name & allow the property to stay only in my mother's name without paying the 2% registration charges all over again.

Also, is there any other more cost effective method to prevent my wife staking claim on this property?

Your help will be much appreciated,

Thanks & best regards,

Subhro.
Asked 5 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1) your wife has no share in husband self acquired property

2) she can only claim right to stay in her matrimonial home

3)you can execute gift deed in favour of your mother

4) in the alternative execute relinquishment deed in favour of mother 

5) you have to pay stamp duty and registration charges as per stamp act of your state 
Ajay Sethi
Advocate, Mumbai
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You can indeed execute a gift deed in the name of your mother and also keep a will handy from your mother in your name. 
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
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1) wife has no share in husband property bought by you from your funds .she cannot claim any share in said property 

2) registration charges in Maharashtra is maximum Rs 30000

3) for charges in WB only your local lawyer can guide you 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
Is there a way to remove my name & allow the property to stay only in my mother's name without paying the 2% registration charges all over again.

You can execute a registered gift deed in favor of your mother which will make her the absolute owner of the property.  
But you cannot claim any exemption from paying the stamp duty or the registration charges. 
Actually your estranged wife cannot legally claim any right or share in your property even after divorce or before it. 






 Also, is there any other more cost effective method to prevent my wife staking claim on this property?

Legally your wife cannot claim any stake in the property nor she has any rights or interest in the property to claim a share either during the married life during your lifetime or after divorce 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
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To your subsequent questions:

1.  Your wife cannot claim any share in your property by any means, at least not legally.
She cannot claim a share even during the subsistence of your marriage during your lifetime or after the dissolution of your marriage with her. 




2.  There is no question of relinquishment deed in respect of the property purchased in the joint names.

The relinquishment deed shall be made only when both are co-sharers of the property inherited as legal heirs 

The stamp duty applicability shall be known on enquiry from local registrar's office because it is a state subject and differs from one state to another. 










3.  You cannot achieve your objective.
Instead you can allow the property to remain with you itself because as it is she cannot claim a share or right in it so there is nothing to be worried about it. 

T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
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Gift deed executed between family members will not attract stamp duty on the market value of the property, but a fixed stamp duty of between 200 upto 1000 rupees is liable to be paid.
If you have 50% share in the residential premises, your wife can stake a claim in it during the divorce proceedings, even though she is having her own residence.
Kiran N. Murthy
Advocate, Bangalore
770 Answers
52 Consultations
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You dont need to worry about your wife getting a share from your property as the present law does not give any right to a female to claim a share in the property of her husband regardless of whether it was purchased prior to after the solemnization of marriage. Be that as it may, you are free to execute a gift deed to gift your share to your mother.

Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
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The stamp duty and registration charges, unless exempted by the state govt in case of transfer of property between blood relations, will have to be paid even in case of a relinquishment deed.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
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