• Relinquish deed and GPA in case of Divorce

I am getting divorce from my wife.
we have flat in Pune in the name of me and My wife. She is ready to give up the flat as mutual consent.
She is Morena M.P.
Flat is in Pune. and she will not travel.
Original Registry for Flat is with Bank as it is on Loan.
My question is:-
1:- Will single GPA saying that She give me right for Possession, Sell and Relinquish will work for Bank and Builder and Registrar to make me sole owner of flat.
If not then what additional document she needs to Sign.
2:- Relinquish deed will be made in Pune only??
3:- GPA will be enough to give me authority to sign relinquish on behave of her. And can I do it even the paper is with Bank?
4:- Is there any restriction of time like I can make the changes or use of GPA and Deed only after the my Divorce.
5:-is the specific format for GPA and Relinquish Deed sign between husband and wife.Two states Registrar are involve so getting worried if I get the Doc from M.P it might get rejected in Pune???

Thank you,

Sunil
Asked 1 month ago in Property Law from Pune, Maharashtra
Religion: Hindu
1) deed of relinquishment by wife ha to be duly stamped and registered in Pune only as fat is in Pune

2) bank NOC is required for relinquishment of interest by wife 

3) there is no specific format . get it drafted by lawyer

4) wife can execute specific power of attorney in favour of family member to execute relinquishment deed of flat in your favour 

5) POA should be registered in MP wherein she is residing 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
1. The registered GPA giving you power to transfer her half sahre is enough. once you get that you transfer her half share to any of your family members or sell the same and take the money.
2. Relinquishment deed is also enough and it should be done where the proeprty is situated. The GPA though can be done where she is presently residing.
3.There is no restriction in use of GPA unless such restriction is specifically mentioned in the GPA.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. GPA will not suffice. Your wife will have to execute a release deed in your favour.

2. The deed has to be registered in the office of the sub-registrar within the jurisdiction of which the property is situated.

3. She has to execute the release deed personally.

4. Get the deed drafted from a lawyer.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Yes, with single GPA registered in your favour, you can transfer her title of the property in your favour or in favour of anybody. It will be applicable on all concerned in connection with the said property.

2. Since the property is at Pune the POA and also the deed of conveyance shall have to be registered at Pune.

3. Yes, the said GPA will stand as a valid instrument for you for dealing with her share of the jointly held property including executing and registering a relinquishment deed in your favour. It does not matter if the said Deed in original is with the Bank.

4. You should get it done at the earliest since she might decide to withdraw her said GPA. Moreover, in case of her demise, the said GPA becomes invalid instantly.

5. Your are right. The both the GPA and the Relinquishment Deed shall have to be registered at Pune. The GPA is also required to be registered since as per the Act, all documents including GPA, in connection with transfer of title of properties shall have to be registred.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
If the registered sale deed is on the joint names, she may have to either execute a registered gift deed or settlement deed or sale deed.  Relinquishment deed or GPA deed may not be legally valid. 
So dont risk in getting GPA or relinquishment deed unnecessarily.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
if flat is joint names and wife wants to relinquish her rights in flat deed of relinquishment would be valid . 

2) deed of relinquishment should be stamped and registered

3) in the alternative your wife can execute gift deed during pendency of court proceedings . it should be duly stamped and registered

4) if you are making payment to her then sale deed is best option 

Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
Relinquishment deed shall be made when the property was inherited jointly and not jointly purchased,
transfer of property b GPA is not valid by law. 
therefore the other modes available for transfer are the ones mentioned earlier.  
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. The title deed of the property is in the name of your wife.

2. She has to  execute and register either  a gift deed or a relinquishment deed in your favour.

3.If she registers the POA in your fabour, you can convey the title of the property in favour of anybody including you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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