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Abhijit   14 August 2016

Court fees stamp property cases (matrimony)

Hi: I have filed divorce case and I have one property in which wife has 50% share. We have requested to reomove her name from flat. We have mentioned that we will pay appropriate court fees after the decree. Need some guidance on this. Whether this will be allowed Any previous case references might help me. I am based at Maharashtra


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 3 Replies

P. Venu (Advocate)     15 August 2016

Mere removing name from any record will not divest one of his or her  rights vested in property.  Anyhow, as the matter is pending before the Court, wait for its decision.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     15 August 2016

There is a specific procedure which needs to be followed in order to remove your wifes name from the property. That can either happen with her consent or if you can manage to establish that her title is not in accordance with law.

A divorce case is not the answer to the same. If you feel that she is not legitimately the owner of 50 %, then file a csse for declaration .

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     15 August 2016

There is a specific procedure which needs to be followed in order to remove your wifes name from the property. That can either happen with her consent or if you can manage to establish that her title is not in accordance with law.

A divorce case is not the answer to the same. If you feel that she is not legitimately the owner of 50 %, then file a csse for declaration .

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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