458+ Lawyers are online 
Divorce as consideration in sale deed.
01-May-2023 (In Divorce Law)
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?
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.
Helpful?
176+
176+
Adv. Sudershani Ray
Delhi | 200+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
