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

868 votes

your subject matter is a subject matter of a joint property between husband and wife so you can file a petition in concern code for MD regarding the subject matter and your husband definitely liable to pay all the FD and other you amount which is pending before the Bank so you can file case in family court where Court allowed to order your husband all the debt

Advocate Saurabh Mani LawRato

991 votes

sure you can mention the conditions in agreement and if it is part of divorce agreement and this clause has been added in divorce agreement then you husband has no power to interrupt you and you can sale property and rest of the detail can be explain on call after some questions which i have so for more detail you can contact me.

Advocate Ankit Singh LawRato

517 votes

Under Indian law, mere mention in a mutual divorce agreement does not by itself make you the sole owner. You will become sole owner only after your husband executes a registered relinquishment deed / release deed / gift deed in your favour and the same is reflected in property records. Important points: Home loan liability Until the loan is cleared or the bank formally removes your husband’s name, both co-borrowers remain liable to the bank, irrespective of the divorce agreement. The bank is not bound by the settlement unless it gives written consent. Relinquishment of share Once a registered deed is executed and stamp duty is paid, his 50% share legally transfers to you. After that, you can be treated as the sole owner subject to loan clearance. Children’s rights clause The clause stating that the agreement will not affect the minor’s rights is standard. It does not prevent you from selling the property, but courts ensure that the children’s welfare is protected. Selling the property later You can sell the flat after: Clearing the loan / obtaining bank NOC Becoming sole owner through registered deed Ensuring proceeds are used fairly (FD for children is a good safeguard) Safer approach Get the relinquishment deed executed before final divorce decree and involve the bank simultaneously. Consult a local property/divorce lawyer for drafting and registration to avoid future disputes.

Advocate Honey Pamnani LawRato

587 votes

You will become the sole owner only after a valid registered relinquishment deed and bank consent for the pending loan. Sale of the property is possible thereafter, subject to clearance of loan and safeguarding minors’ interests. This matter requires paid professional legal consultation. Relevant records must be reviewed before final advice.

Advocate Sudesh Kumar LawRato

868 votes

Since the flat is jointly owned and there is an outstanding home loan, merely mentioning in the mutual divorce agreement that the husband will relinquish his share does not automatically make you the sole owner. For you to become absolute owner, your husband must execute a registered relinquishment deed/registered settlement deed in your favour after or along with the divorce decree. Stamp duty and registration are mandatory. Regarding the loan, till the bank formally releases your husband and transfers the loan solely in your name, both borrowers remain liable. The bank’s written NOC and loan transfer are essential. After (1) registered relinquishment, (2) mutation in your name, and (3) bank NOC/closure or transfer of loan, you can legally sell the property. The clause about children safeguards their rights but does not bar sale if it is for their welfare. Keep proof that sale proceeds are used for children (FD, new house).

Advocate Mukesh Kumar Srivastava LawRato