Me and my wife taking mutual consent divorce. We have a joint flat in Pune and 68% contribution done by my father by Cheque, 28 % me through EMI and 4 % emi by my wife. In mutual consent divorce my wife agree to give her 50% share, title and right to my father because my father did majority contributed for the joint flat.
1. I was told by Advocate that mutual consent petition is between you and wife so the beneficiary cannot be your father and terms can gets volded. i asked another advocate he said it is ok if that is clearly started with reason why she is planning to give her share to father. Can mutual consent divorce petion will be considere null and viod if third party is benefiiary?
2. BAsed on question 1, if it is allowed to have third party beneficiary in mutual consent divorcer then which is the best apprach for property transfer. I was told by Advocate that release deed only happens between co-owners and not third party. In my case since my wife will be giving her share to father(third party) then the option is to go for sale deed. I am planning to do Sale deed and show contribution done by the father to the EMI and both me and my wife cannot return back money to my father and my wife contribution is just 5% so she with her full consent is selling her title, share to my father. In this case there is consideration value shown so there might be no issues in future.
Is it correct that release deed is not applicable for third party and I need to go for sale deed?
3. Based on question 1, if mutual consent diorce is considered null and void, then is it correct to go for release deed? If yes, then can i show the release deed consideration value from the funds from my self and my father? Another option is to go for release deed without consideration or gift deed? which options is better in my case because i dont want any civil case complications in future?
I personally consider sale deed to father will be correct in my case but I am not a expert in this area so need expert help.
