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Me and my wife taking mutual consent divorce(mcd). there are joint flat, 68% contribution by father by Cheque, 28 % me EMI and 4 % Emi by wife. In mcd my wife agree to sell her 50% to my father because my father did all contribution. Advocate told that mcd is between you and wife so father cannot be part of it petition will be voided. Can mcd consider void if third party is involved? if it is allowed to have third party in mcd then which is the best for property transfer. release deed only happens between co-owners and not third party so, my wife will be giving her share to father then have to go for sale deed. Sale deed and show contribution done by father to EMI and my wife contribution is 5% so she has free consent is sell her 50% to my father. Is it correct release deed cannot for third party and only need sale deed? if mcd is considered void, then is it correct go for release deed? If yes, then can i show the release deed consideration value from the funds from my father?
Including your father in the MCD petition is generally not advisable. MCD typically involves only the spouses dissolving their marriage. Your lawyer is correct that involving a third party, especially in a financial transaction like property transfer, might cause the petition to be challenged or voided.