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Jyoti   30 June 2023

Divorce in australia, joint property in india

I have got divorced in Australia,  my ex husband and I jointly own two houses in India in 2 separate cities.  We have agreed that we will each keep one house. 

So as joint owners we will have to get the other spouse's name removed from the title of each house.

Would be highly grateful for advise on

1. the best way to change joint ownership to single ownership

2. Stamp duty implications. 

 

Thanks a ton in advance. 



Learning

 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     30 June 2023

You shall make partition of the properties and get it be registered at either place where the properties are situated.

Shashi Dhara   30 June 2023

As you have already divorced  now you have to relinquish your rights by mutual  consent to release right and register it .now you have divorced  the stamp duty is as per Market value ,contant local advocate.

kavksatyanarayana (subregistrar/supdt.(retired))     30 June 2023

I opine the document will not be treated as relinquishment as the two properties are houses and one house is out of two houses then each one shall relinquish but it is better to partition the property than the relinquishment.

T. Kalaiselvan, Advocate (Advocate)     30 June 2023

The relinquishement of rights in the property by each other in one another property would be possible only for the blood relatives having share in the inherited or acquired property. 

In this situation it would be advisable that you both can decide to execute a registered gift deed to each other in respect of each property as per your mutually agreed condition. 

The stamp duty can be enquired from local SRO 

Shashi Dhara   01 July 2023

Compromise in lok Adalat easy way no stamp duty necessary ,take each one ,one house , contact advocate .

T. Kalaiselvan, Advocate (Advocate)     01 July 2023

For transfer of property, it is mandatory that the transfer should be effected by a registered document and for that appropriate stamp duty and the registration charges are to be borne by the parties.

 

Mr. Sumitra kumar (Advocate)     06 July 2023

Following should be noted in this regard.

1. Contact a local lawyer and pay him and get right advice.

2.Advising averting stamp duty is an illegal act and hence I offer no public solution.

 

Thank you.


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