In Mutual Divorce agreement what would be best suited arrangement in below case. we have flat in Pune in the name of me and My wife, She is Morena M.P. She has to come and sign Flat is in Pune and I have to give Amount. I want to make sure she gets the money after she signs away the flat. Question:-1 Can I submit a DD to Court saying that should be given only after she signs the Flat within 6 months. Question 2 On what name DD will be made and it will be with Court. Question:-3 One of the lawyer suggested that it will be have to made in name both party Lawyers. Questions 4:- What if I give DD and my wife doesn’t come to sign the property, how Can I get my money back. Just thinging of worst case scenario. Thank you all for all your time and help!!!
1) payment of consideration should be made to by wife by demand draft at time she attends sub registrar office for registration of sale deed
2)in consent terms it should be mentioned that wife would execute sale deed for her share in flat and consideration would be paid to her at time of registration of sale deed
3) no need to deposit DD amount in court
4) if you want DD to be deposited in court it should be in wife name
5) never issue DD in name of both side lawyers
There is no way you could submit the DD in court.
You have to complete this procedure during the in between six months only.Make her sign the deed and handover the DD simultaneously.
Never make DD in lawyer's name.
That is why do the things in one time. Get her signed the deed and handover the DD.
Dear Querist
My opinion on your queries are as under:
1. Can I submit a DD to Court saying that should be given only after she signs the Flat within 6 months.
Opinion: execute a MOU with her in which all the terms and conditions should be mentioned. After this MOU file divorce petition based on Mutual consent divorce and this MOU should be the part of your petition.
Question 2
On what name DD will be made and it will be with Court.
Opinion: as per the terms and conditions of MOU.
Question:-3
One of the lawyer suggested that it will be have to made in name both party Lawyers.
Opinion: No need for that.
Questions 4:- What if I give DD and my wife doesn’t come to sign the property, how Can I get my money back. Just thinging of worst case scenario.
Opinion: as per MOU terms and conditions you may withdraw divorce case and file a civil suit for recovery against her before civil court and claim your money back with interest and compensation for harassment.
Feel Free to Call
1. A day before the second and final motion in MCD case the sale deed can be executed in the office of the sub-registrar wherein you can give her the cheque/dd. Once the sale deed is executed it will result in immediate transfer of title.
2. If you give her the DD/Cheque, and she does not come to execute the instrument of conveyance then it will be a long drawn legal battle for you to recover your money through a recovery suit.
1. Your wife should first register her relinquishment deed of the flat in your favour after taking 50% of the settled amount. This should be done before the day of the 2nd motion or before filing the MCD petition.
2. After that pay the balance 50% at the Court on the day of the 2nd motion before the judge.
3. otherwise there may be a fair chance of her running away with your money, if paid before hand.
1. Court will not interfere in such arrangements between yo both, yo can make this agreement with her in a form of MOU.
2. DD to be purchased on her name only.
3. The lawyer is absolutely wrong and it is illegal to purchase a DD in the name of lawyer because she is the party and not the lawyer and it is she who is entitled to this money and not the lawyers.
4. If you apprehend that danger, you can give a photo copy of the DD to her in advance to confirm that a DD already purchased in her name is in your possession which shall be handed over to her during the registration of property in your name.
My Lawyer spoke with Judge in front of me and my wife. And Court is ready Deposite Money in Court account which I will be submitting DD in courts name. The Petition will include a sentence saying my Wife will be giving her rights towards the Flat. Thats is how its going to be in this case and they agreed to it. need suggestion what all issue if any could raise in executing below things. 1:- if my wife doesn't come to Pune and sign away the Flat Court will be returing me my money back. 2:- any additional Legal Document can be sighed stating the same? 3:- what is MOU stands for and what it is called in Hindi.
MOU means memorandum of understanding
2) if wife is relinquishing her rights inflat she should execute relinquishment deed or gift deed in your favour
3) gift deed or relinquishment deed should be duly stamped and registered
1. If your wife is not complying with the conditions at a later stage, you may file a petition before court narrating the events and seek the court's permission to withdraw the court deposit amount due to her failure to obey the court order.
2. There is no legal document, it is only a petition.
3. MOU means memorandum of understanding.
1. 'Court is ready to deposit money in Court account' is what the Judge told to your lawyer in front of you but has the Judge mentioned the same in hos Order? If not then file a petition to this effect seeking a direction upon your wife to register the conveyance deed of her share of the flat in your favour before taking amount to be deposited with the Court and in case of her failure to abide by the Court order, the amount deposited with Court by you shall be returned to you by the Court immediately.
2. If the order sheet so specifies, the she will register the said deed of conveyance.
3. MOU means Memorandum of Understanding i.e. all the terms and conditions agreed by both of you have been mentioned in the said document which both of you shall have to follow and abide by.