prerna gupta (hr) 08 November 2013

Sale deed of mortgaged property

We live in Ghaziabad and have a property which is registered on my husband and my name. this was purchased in 2003. The property has a house load for which i alone pay the home loan amount.

Our divorce would be final in Nov. I want to take the ownership of the house completely, for which i am ready to pay the sale amount.

Questions:

1. Should the transfer be done via a Sales deed/Gift deed/Relinquishment deed?

2. Can any of the above be registered in court (considering the property papers are with the bank).

3. Do we need to register the deed or we need original property papers for change of title

4. What % of stamp duty and registration fees will be applicable in Ghaziabad

5. if it is gift deed does it need to be done before the Divorce is final?

And do you know any lawyer who can help settle this

really need help!

Thank You!

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2 Replies

BAALASUBRAMANNYAMM (Advocate) 08 November 2013

1."Deed of Relinquishment" duly executed by your husband in your favour is enough and it should be registered in the Sub-Registrar Office of the concerned, where your property is situated.

2.Even though the original sale deeds are in bank, you can go for registration.

3. When once sale deed executed and registered and subsequently, when a relinquishment deed was executed, the ownership rights of the relinquished person, should automatically withdrawn his rights. Hence there is no change of name to be done in the sale deed.

4.The Stamp duty is depending upon state to state.

5. When you are ready to pay the sale amount to your husband, why you go for a Gift Deed. You should go for a Relinquishment Deed .