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Transfer of 50% property share from husband to wife

(Querist) 20 February 2011 This query is : Resolved 
Dear Sir/Madam,

I have 50% share in the 2BHK property in Thakur Village, Kandivali (E) where I reside with my husband from past 6 yrs. The first name in the property is my husband's name.

Our relation is heading for a divorce. By mutual consent my husband is ready to transfer the flat completely in my name.

My query is what would be the expense to transfer the 50% share of my husband to my name. Will the process involve paying the stamp duty and/or the registration? Will the duty be on only the 50% that is to be transferred or on the complete current value of the property? Who will have to bear the costs: me or my husband? How can I know the exact amount required for the process to be completed; viz the cost of the flat from some reckoner? And finally the steps/process, incase I am missing out on something crucial.

Please excuse for too many questions. Please help and thank you for the guidance in advance.
adv. rajeev ( rajoo ) (Expert) 20 February 2011
Let him execute the rights relinquish deed which is megre or as per the compromise petition you can get enter your name to the 50% of the property.
Devajyoti Barman (Expert) 20 February 2011
Yes that can be done. But it would be better if you ask for gift of his 50% share in the flat. The stamp duty for transfer between husband and wife is very nominal.
Uma parameswaran (Expert) 20 February 2011
Relinquishment deed is good option .
R.venkatesh Naidu (Expert) 21 February 2011
yes. The Relinquishment deed is good option. Otherwise Settlement deed, but it is simply cost


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