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mortgage joint property after mutual divorce without claim


29-Aug-2023 (In Divorce Law)
My son and his ex-wife taken the divorce with mutual consent without any claim. My son has purchased a flat in apartment with his wife name also on bank loan where EMI is deducted from my son's salary only from the beginning. She stated and it is mentioned in divorce decree that she has got "Stri-Dhan and others" & she has no claim in property further. She has done an affidavit also separately about the loaned flat that EMI is paid by her husband and he will be pay the loan EMI and she will not claim her share. If required she will do power of attorney etc. when it is required. Now what to do
Answers (2)

Answer #1
682 votes
An Affidavit is not sufficient to absolve her legal rights to the property. I recommend executing a "Release Deed" by your daughter-in-law in favour of your son. In the Release Deed, she would expressly be giving her legal share to the property to your son and the same can be used to effect change in the Khata and other property documents. Additionally you can submit this Release Deed along with appropriate documentation to the Bank so that her name is removed from the loan agreement as well.

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Answer #2
796 votes
According to you your son and his wife have taken divorce under 13B HM Act.
in decree by way of Memorandum all terms and conditions will be clear.
Since she has waived her right under decree, it your sons duty to approach her throw lawyer and get deed executed .
contact lawyer , will help you in complying with all formalities.

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