Legal Question in Intellectual Property in India

Hi,

I have a query. I am getting divorced by mutual consent, where my wife is agreed to sign all requisite documents to relinquish her claim on my sole property where she is also co-applicant.

Property description:-

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it is a flat(private builder Apartment in nth floor) in Noida which was purchased when we both had love and affection. No sale deed and registration of the flat have done yet.

Only Builder buyer agreement and tripartite agreement with bank for loan have done.85% of property value has already been paid from my pocket (hard earn money) rest 15% is in Loan.

Condition of signing of documents by wife/in-laws

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They will sign it at the moment of recording of statement in second motion (final decree)

I also don't want to keep anything for later stage post divorce.

How could I proceed to get all relevant documents signed to ensure that later when sale deed and registration of property will be executed.she must be not be needed to be present and everything must proceed seamlessly.

I thought about relinquishment deed.

Questions.

1. can relinguishement deed be executed in case of unregistered property where sale deed has not yet executed?

2). if Yes, how can it be possible to execute it before decree where my wife is not willing to sign any documents before second motion, but agree to sign at the time of recording of statement on final motion same day?

3). what other documents can i prepare and get it sign to avoid any future legal battle due to mistrust or swing of mood by her in front of family court judge?

Kindly advice me.


Asked on 6/21/16, 11:21 pm

2 Answers from Attorneys
rameswaram ramanathan Self

You can get your spouse execute a Release Deed relinquishing all her rights over the existing as well as her rights as legal heir over the to be registered properties in your name (where sale deed has not yet executed?

You can get the same executed at the time of second motion; without compelling her now.

The mutual consent Agreement document is enough.

If you have any other doubts, please consult your lawyer who can render proper advice.

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Answered on 6/21/16, 11:28 pm
Dr Katta Venkata Rama Krishna Drkattavrk

1) Without having right, title what title anyone is going to relinquish?

2) U cannot ask a person to execute a deed for a future title

assuming it may transfer at a later date.

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Answered on 6/22/16, 9:24 am


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