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Property in joint name need to be transfered in my name , getting divorced through mutual consent

(Querist) 02 March 2017 This query is : Resolved 
Property in joint name need to be transfered in my name , getting divorced through mutual consent.

Both were paying 50% emi, husband has wriiten in consent deed that his share to be transferred to mine and I need to pay balance emi / amount of loan

Please advise how the same can be done

Gift deed or any other way
what would be charges
value of house 65 lakhs
Flat in Kolkata
please advise, divorce date In 15 days
ADV-JEEVAN PATIL, MUMBAI (Expert) 03 March 2017
1.Take in possession mutual agreement 2. Also gift deed 3. Submit to bank 4. Undertaking by u to bank of emi payment 5.go on paying emi until fully repaid n take mortgaged documents in your possession
ADV-JEEVAN PATIL, MUMBAI (Expert) 03 March 2017
1.Take in possession mutual agreement 2. Also gift deed 3. Submit to bank 4. Undertaking by u to bank of emi payment 5.go on paying emi until fully repaid n take mortgaged documents in your possession 6. Ensure that mutual divorce Settlement should not frustrate
Kumar Doab (Expert) 03 March 2017
The property is pledged with lender bank.



Bank/banker needs to be taken into confidence and agreement for any alienation, change etc etc.


Bank may agree to such proposal after its due diligence.


It may like to review the paying capacity of one borrower.





Ms.Usha Kapoor (Expert) 03 March 2017
Agree with Advocate Jeevan Patil.


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