Gift deed prior to divorce

In case of gift deed monetary consideration is not involved.

Gift deed should be registered.

In instant matter, let your own counsel specializing in family, property, civil matters advise you in detail so that there NO flaw in any deed (including but not limited to Gift deed being considered by you) and chances of cancellation, revocation, transfer back to donor. 

Go thru:

Transfer of Property Act, 1882; Sec122,123, 126

Registration Act, 1908; Sec;17

Moreover once you include money exchanged; it is NO more Gift deed. 

Prefer outright sale.

Only the owner can dispose by a valid deed.

Whereas, you have mentioned about a registered agreement, and not a sale deed/title deed.

If this confers ownership rights then only both are owner and can act like owner.

A valid and duly registered Gift deed confers ownership on donee.

Gift is complete once accepted by donee.

The Flat is jointly owned (as per your post) so both owners’ need to sign the sale related documents to third party.

Thank you Kumar Sir.

Please advise if the Gift deed is executed today where Mrs Y gifts her share of the property to the husband and later on within a year they get divorced, is there any procedure to revoke the gift deed.

Can she claim her share of the house or is it assumed she has foregone her rights and will not receive a single penny.

Can a point be mentioned in the divorce agreement that Mr X owes Mrs Y a sum of Rs ______ and without paying that amount she cannot be forced to leave the house or If Mrs Y decides to leave the house Mr X will contribute 50% of the property amount as per market value as one time alimony and Mrs Y will leave the house.

Kindly advise

In case of gift deed monetary consideration is not involved.

In case of valid gift deed the donee becomes owner.

Court alone can revoke the gift deed.

You have doubts.

Let the matter of divorce be decided and then sell the share.

The proposal that you are discussing is not good.

I don't suggest to agree to it.

Thank You Kumar Sir for your generous advice.

You are welcome.

Dear Sir,

Request your kind advice on this last question, in continuation to the above query.. Is it necessary/mandatory to divide, sell /transfer the property before divorce. Can the property continue to be in both the names after divorce  until either party gives a notice in writing regarding selling the property to get their respective share money.

Kindly suggest. Thanks in advance

Before the divorce; both husband and wife is owner.

After divorce (valid divorce/by court of law) both are owner. Of course they are no more husband and wife.

The owner can exercise all rights that are vested in owner.

I want to give my house to my wife as alimony. Can I do gift registration to save stamp duty...