Me and my husband signed mutual divorce agreement we share a flat 50/5

806 votes

Merely mentioning in a mutual divorce agreement that the husband will relinquish his 50% share does not automatically make you the sole owner of the flat. To become the absolute owner, your husband must execute a registered relinquishment deed / gift deed in your favour, and the same should be reflected in municipal and society records. Further, since the property is under a home loan of ₹22.5 lakhs, the bank’s prior written consent and NOC is mandatory; otherwise, transfer or sale is not legally valid.

Advocate Namrata Pandey LawRato

771 votes

As per your query, merely signing a mutual divorce agreement does not automatically make you the sole owner of the flat. To become the absolute/sole owner, your husband must execute a proper registered Relinquishment/Release Deed or Gift Deed in your favour and the same must be reflected in society records/mutation. Also, since the flat is under a home loan (pending approx. 22.5 lakhs), the bank/lender has the first charge. Any transfer/sale will require: • the bank’s NOC, and • compliance with loan terms (either full closure or takeover/transfer of loan, subject to bank approval). Can you sell the property later? You can sell the flat only after: 1. your title becomes clear (registered transfer from husband), and 2. the bank gives NOC / loan is closed or buyer takes over loan as per bank procedure. Regarding the clause “agreement won’t affect the right of minor”, it generally means that the children’s rights/interest are protected and they may raise a claim if any legal right arises. Therefore, for a smooth sale, it is advisable to get a properly drafted settlement + registered transfer deed and bank NOC. For exact guidance, your divorce settlement + property papers + loan documents must be reviewed.

Advocate Aishwarya Panday LawRato

869 votes

Hello, this is Advocate Mukesh Kumar Srivastava. I received an enquiry from you for your legal issue. Please let me know how can I help you. I listen your questions and according to your message you are mentally pressured so now don’t panic we are help you please contact me.

Advocate Mukesh Kumar Srivastava LawRato

975 votes

Merely mentioning in a mutual divorce agreement that the husband will “relinquish his share in favour of the wife” does NOT by itself make you the sole owner. To become the absolute/sole owner, your husband must execute a registered Relinquishment Deed / Release Deed / Gift Deed in your favour, duly stamped and registered under the Registration Act. Till such registration is done, legally the flat continues to be jointly owned (50/50).

Advocate Servesh Mishra LawRato