REMOVAL OF MY NAME FROM PROPERTY
30-Jan-2023 (In Property Law)
I had a home with Joint account along with my Husband and also my name was in Loan of HDFC. The loan is yet to clear. My Divorce was done last year 6th Dec.During final settlement he had taken signatures from me for HDFC Bank to removal and also for the Society that I have no right Even Divorce papers it is mentioned I don't have any right in previous any property. My settlement was also done without giving me any amount against that flat saying that it can be proved that he is paying the EMI so I have no right & I am working. Now I started looking for a home for myself and had opted for Loan In this I came to know that I am seen in Cibil score with having my name in it. I visited HDFC bank asking for removal of my name with Divorce Papers as the document to remove. Bu they are saying this is not valid and I need to show the property as Gift deed to Husband then show these documents to HDFC then the name will be removed.
Now this is also affecting from getting me the Pradhan Mantri Aw
Yes, to remove your name from the property a wife has to show that she is gifting her 50% of share as a gift to husband. Wherein when a wife is gifting the said property she has to pay 1% of the stamp duty towards the same. And get it registered, than you can show the same to bank and get your name deleted.
What is the joint property law in India?
The laws governing joint ownership of real estate are rooted in Section 44 of 1882s Transfer of Property Act. Joint owners enjoy reciprocal rights, unless they are restricted in their enjoyment of certain aspects of the common ownership of a property, such as possession, use, and so on. 02-Dec-2022
How do I remove my wife's name from my property after divorce?
It is illegal for one co-owner to reduce the title of another joint owner. She must sign a release document in your favor, otherwise her share will remain intact. 2.
What does joint owner of property mean?
Jointly owned property includes any property that is held by two or more people. The two parties can be business partners, or any other combination of people with a common interest in owning property.
What happens to a jointly owned property if one owner dies in India?
What is joint ownership/tenancy? Joint ownership or joint tenancy is when two or more people own a property jointly. By the right of survivorship, when one or more owners dies, their shares automatically pass to the joint owner/tenant who is still alive. 14-Sept-2022
madam we have to see do all papers which was signed before divorce contents state papers you was agreed with your husband so as enable MI to discuss the case . then we will to make the solution for you problem which is created at present . please contact with me image ately .
Your husband can register your compromise decree of divorce to sub Registrar office.Then after registration you can obtain certified copy from sub Registrar office and submit to Bank. Then Bank may call your husband and you for signatures for transfer of loan on husband's name.
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.
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