Transfer of property in case of Divorce/Separation between husband & wife in Delhi or Gurgaon
Published on 7 January, 2017
Most cases of divorce settlement involve transfer / division of properties between husband and wife. Generally, the court divides/distributes the properties on the basis of the contribution made in purchasing it by the husband & wife.
The two most common scenarios are:
1. The husband or wife is the sole owner of the property that needs to be transferred to the other spouse: This happens when a property has been purchased in a single name. In such a case, the person will have to exexute a gift deed of the property in favour of his/her spouse and get it registered in the sub registrar office to complete the transfer. The transfer may be of the entire property or just 50% share in the property.
2. The husband and wife are the joint owners of the property that needs to be transferred to a single person: This happens when both the husband and the wife have jointly purchased the property after their marriage and both have 50% share in the property. In such a case, the person can execute a release deed of his/her share in the property in favour of the other spouse and get the same registered in the office of sub registrar. This will convert joint ownership into sole ownership.
In either of the cases, the parties need to pay the stamp duty and registration fee for getting the deeds registered. Once the deeds have been registered, they may also need to get the mutation done in the records of DDA/ MCD.
An alternative is that the husband & wife can decide to sell the property to a third party and distribute the proceeds among themselves as per their share.
Please note that in case the property had been purchased jointly after getting a loan from bank, an NOC will be required from the bank before it can be transferred to a single person's name.
Our company provides services for Transfer of ownership of properties between husband & wife.
To get a Gift/Release/Settlement deed registered in Delhi or Gurgaon, you may contact us at 8800418408.
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