Viraj (HR Head) 26 November 2012
Dear Sir,
I want to know when i'm taking divorce, my flat is in both the name I'm giving her share and want to make the flat on my name as now we both are co-owner and borrow in that property whereas she has not contributed any amount in that.
i want to know what legal formalities should be done in such case so that in future she should not raise any claim.
rgs - viraj
ANAMIKA VICHARE (LAWYER) 27 November 2012
I suppose you are filing mutual consent divorce petn...
special clause...that there is no monetary contribution towrads the flat purchased by you
you are still giving her Rs......../- in lieu of settlement of full & final perment alimony.
The said amount shall be deposited in the Court..
The Wife shall be allowed to withdraw the amount after she surrenders her right in the said flat and the same is registered...after compliance only, she will withdraw the amount...
in the meantime,you can take decree
file mutal consent divorce ptn with proper consent terms
while the petn is pending you can deposit the amount in the court...
after 6 montsh file affidavit of evidence
and seek decree of divorce
once she gives consent to surrender her right,get the same registered by proper agreement for that purpose engage Estate agent for registration of the flat document.....
anamika_vichare@rediffmail.com
Anamika Vichare, Family Court, Lawer, Bandra, Thane, HIgh Court, Sessions, MM Courts
pl seek further advice by email only since each and every advice cannot be given for want of confidentiality and that nobody should misuse the advice otherway round
Viraj (HR Head) 27 November 2012
Do ill have do the registration again in my name removing her name? or only the said affadavite will work for long time or incase of seeling the flat?
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