Siddique (OWNER) 30 December 2017

Divorce mou - stamp duty & registration charges

Dear Experts,

I am a Muslim from Mumbai. Myself & ex-wife got Islamically divorced in June 2017. The flat in which we stay is in my name. She is still staying in the same flat even after our divorce. She was demanding huge money from me to vacate the house. We have 2 children who would stay with me only in the same house as I want to keep the custody of the children with me (she will have weekly access to the children).

After lots of mediations & unpleasant discussions, she has agreed to vacate the flat upon a payment of a few Lakhs of Rupees. I am drafting a MOU/Compromise Agreement with various clauses & terms to protect the interest of both of us.

I have a few queries as below :

1) How to make this MOU document foolproof so that in case of any violation of any clauses by either party, the other party can take legal recourse ?

2) I want to make it a Stamp Duty paid Registered document at the Revenue Department. How much will be the Stamp Duty & Registration charges tentatively, if the document is for say around 5 Lakhs of Rupees.

3) If after payment & signing/registration of the MOU, she still refuses to vacate the house or she insists on visiting the flat against my will which is in violation of the MOU terms, what legal action can I take to evict her from the flat or stop her from visiting the flat. (This is my no. 1 concern)

Valuable opinions are solicited please.

Thanks & Regards

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Siddique (OWNER) 31 December 2017

Please reply experts.

Thanks

Vijay Raj Mahajan (Advocate) 01 January 2018

Best is that you take service of experienced, senior lawyer for drafting the MOU. All terms and conditions of the MOU should be first discussed with the lawyer, his legal opinion taken and than only drafted.

As far the registration of the MOU/Agreement, you need to get it done from the Tehsildhar/SDM Office of your district, contact there for the correct information about the registration process. The Stamp duty paid for registration of the agreement/MOU nominal and will be irrespective of the amount of money given to your wife as such no transfer of immovable property taking place the Stamp duty will not be based on the circle rate of the property.

For any further case discussion/legal help check my profile here and contact me directly.

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Siddique (OWNER) 01 January 2018

Thanks Mr. Vijay for your exhausative & valuable reply; much appreciated.

I shall consult an experienced lawyer for further discussions & drafting of the MOU.

I have also noted your other point about Registration of the document with Tehsildhar/SDM Office & the Stamp Duty Charges.

But Sir, please address my most important concern which is given in point no (3) above. I am looking forward to know as how I can safeguard myself & my family from the potential hazardous situation if she tries to enter my house again after the payment & signing of the MOU ? If this unwanted situation arises, can I take help of the police to stop her from accessing my house which will be in blatant violation of the MOU terms ?

Thanks & Regards

Vijay Raj Mahajan (Advocate) 02 January 2018

When you have a properly drafted MOU and contingencies regarding her illegal invasion and stay in your house, you can take her of law for removing her out. When I say let experienced and senior advocate draft the MOU I mean it for him to bring all terms and conditions with regard to her illegal intrusions and steps to be taken against her so that once she agrees she won't be able to back out at later stage and will be left with no defense at all. Contact me directly after checking my profile here for any help in this regard.

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Siddique (OWNER) 03 January 2018

Sir, thanks a ton again for timely & satisfactory reply.

I have sent you a PM. Please check your messages Inbox.

Thanks

Divorce mou - stamp duty & registration charges

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