Removal of my wifes name from the sales deed - property not registered yet
3 years ago
My property is a flat yet to be registered. However in the sales deed she is also part along with me. We have a loan in sbi again that is also she is the primary applicant and i am secondary. All the mi and payments are made by me. We are divorced now. The registration date is nearing.
After enquiring with the flat builder they saud that they need a written consent from her and the bank that no objection is removing her name.
What is the process to remove he considering it yet to be registered? Will the bank object as I have all the proof of payment and emi?
I understand that she can execute gift deed after the registration. However here the property is yet to be registered.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
2.5 per cent of the property value has to be paid as stamp duty in case the property is being transferred as gift deed. since the property is not yet registered, you can take NOC from your wife. the bank will not object when you attach a NOC.
you have to get a NOC signed from her. the bank cannot object when the NOC is attached with other documents.
since the property is not yet registered, the NOC is the only option. after the registration of the property, if you wish to execute the gift deed, you will be liable to pay 2.5 per cent of the property value as stamp duty in case the property is being transferred.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
mutual or contested.
why property was not taken care in divorce case.
you made mistake.
if she can still give NoC then it will work.
bank have to remove her name from loan.
then new sale deed will be made and registered.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield) (mymutualdivorce.online)
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