Divorce as consideration in sale deed.
My spouse had filed a complaint against me in CAW Cell. Matter was settled in Mediation Center wide a MoU. First Motion has already been filed for. Now, as per MoU, i have to transfer my 50% share in a joint property in her name through Gift Deed / Sale Deed / Release Deed or any other document. My preference is a Sale Deed, but,
I have some queries:- a. Can "Divorce by Mutual Consent" be mentioned as a consideration in Sale Deed? b. Can the Sale Deed be made conditional vwde some recitals? i.e. Sale of 50% share would become valid only after Divorce Decree is granted by the Family Court. c. Can I restrict the other party from delineating with the property in any manner whatsoever till the Divorce Decree is granted? i.e. no further sale / gift etc. be allowed till Divorce. d. Also, can there be any other consideration except "Love & Affection" in a Gift Deed?
A divorce cannot be termed as consideration for a sale deed, It cannot be a sale deed at all. It could be a Gift Deed or Settlement Deed, You can execute a conditional gift deed where MCD will be the condition for the Gift & she will own the property only after your receiving the decree of divorce. There can be no consideration show for gift deed. Only love & affection should be the reason/base for affecting the gift.
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