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Hitesh   02 November 2015

Gift deed to transfer property as part of divorce settlement

Me and my wife have recently filed Divorce petition with Mutual Consent (u/s 13 B)

As part of financial settlement I am giving away my 50% share in a Residential Property purchased and registered at Pune, Maharashtra in 2009.

The property was purchased in joint name with my name being the first holder and my wife as second holder, even though entire money for down payment and all EMIs till date are paid by me.

Now can I transfer my 50% share with Gift Deed to be registered before Divorce Order is released by courts (as the relation of Husband & Wife is supposed to continue till Divorce Order is released) or does it need to be transfered by Release Deed, which attracts significantly higher Stamp Duty.

What is the difference in Legal Implications between Registered Gift Deed and Registered Release Deed? 

Thanks in Advance

Hitesh

 



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