I have a flat on my name in Bangalore, just wanted to check what is the process of adding spouse name in the property title, the process, paperwork and associated cost
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  • Originally Posted by ajaykarora
    I have a flat on my name in Bangalore, just wanted to check what is the process of adding spouse name in the property title, the process, paperwork and associated cost


    Hi, were u able to get any information on this? I am looking for the same information to add my wife to make her the joint owner of the flat i own.
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  • If you want your wife's name to be added as a co-owner of your property, then gift 50% percent of the property by registering a Gift Deed in her favor. Stamp duty for gift deed would have to be paid .
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  • I thought there was no gift tax between spouses.

    Me and my father had purchased a flat in Gurgaon jointly (and have paid the costs half-half from our respective accounts). The flat is still underconstruction but will be soon getting possession.

    Now I wish to add my husband's name while getting this flat registered, what is process for that and can it be registered in all 3 names - Me, my husband and my father. If an issue in adding 3 names, my father is fine to drop his name but we dont want to pay any gift tax etc on him gifting me his share so thought of retaining his name.

    Originally Posted by MANOJa
    If you want your wife's name to be added as a co-owner of your property, then gift 50% percent of the property by registering a Gift Deed in her favor. Stamp duty for gift deed would have to be paid .
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    1 Comments
    • ajay.jain19921 months ago
      What is the stamp duty on the gift deed from husband to wife
  • Originally Posted by sh-saxena
    I thought there was no gift tax between spouses.

    Me and my father had purchased a flat in Gurgaon jointly (and have paid the costs half-half from our respective accounts). The flat is still underconstruction but will be soon getting possession.

    Now I wish to add my husband's name while getting this flat registered, what is process for that and can it be registered in all 3 names - Me, my husband and my father. If an issue in adding 3 names, my father is fine to drop his name but we dont want to pay any gift tax etc on him gifting me his share so thought of retaining his name.




    From the above, i understand the flat is not registered yet & is under construction .

    Just go to the Builder. He would make u sign some affidavits & the names would be added/deleted .
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  • Thanx, will check with the builder.
    Yes, its not registered yet, its still under construction.

    Originally Posted by MANOJa
    From the above, i understand the flat is not registered yet & is under construction .

    Just go to the Builder. He would make u sign some affidavits & the names would be added/deleted .
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  • I Think it is possible legally by execuiting a additional deed which reflects the previous registeration, No stamp duty has to be paid again, it can be execuited on a 100 RS Stamp duty paper and must be registered, this can be don only for joinding co ownership, from that registeration both the document will be orginal as current document, if the 2nd registered is lost or misplaced the main document will not be valiad.
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    This idea can be used to joind co-ownership but not to sell a share of some land or property
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    This is my idea Please confirm with your advocate
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  • What i understand is that if a Property is already registered & one wants to add a name to it, gifting a part of that Property through a Gift Deed ( which entails paying stamp duty ) is the cheapest legal solution .
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  • Gift deed and sale deed always will be the same registeration charge and stamp duty, when you have paid the stamp duty and registeration charges before it will not be necessary to pay it again unless you go for a sale deed, people here are askin only for joint ownership and not for a sale on a singe property only, this method cannot be followed for selling propertys
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  • Originally Posted by bala_animation
    Gift deed and sale deed always will be the same registeration charge and stamp duty, when you have paid the stamp duty and registeration charges before it will not be necessary to pay it again unless you go for a sale deed, people here are askin only for joint ownership and not for a sale on a singe property only, this method cannot be followed for selling propertys



    If one wants to legally add a co-owner, options r -


    a ) Gift deed ( already spoken on above ) .

    b ) Settlement Deed - If the property is the self-acquired one, one can very well settle the property among the family members as per the wish of the person gifting the property . Instead of gift, settlement is supposedly a better option. As an abundant caution, the settlement deed can be signed by all the family members ( though, not necessarily needed ) .


    Among Muslims any gift of the immovable property can be gifted through oral gift, which valid, the registered deed need not be executed . Simply handing over and taking over of the property with oral words of hiba ie., gift .



    As per some Legal Luminaries, Gift Deed is more advisable, since many disputes on "Family settlement" have arisen in the past .
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  • Yes i understand but for example if the person has paid stamp duty before, if he goes for a gift deed the whole stamp duty of the stamp duty has to be paid again or a partial amount in percentage has to be paid. When going for a setellment deed there are a lot or rules to be notified ( iam not aware iam myself confused) my lawyor once said only the members of the family can sign settlement deed that is from father/mother to son/daughter with a legal hiership certificate only.
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    in this condition if the property is on my fathers name i cannot go for a setelment deed on my wife name. I hope you will understand, since the document charge is only 10k the Reg department has made the rules very strictly
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  • Originally Posted by bala_animation
    Yes i understand but for example if the person has paid stamp duty before, if he goes for a gift deed the whole stamp duty of the stamp duty has to be paid again or a partial amount in percentage has to be paid. When going for a setellment deed there are a lot or rules to be notified ( iam not aware iam myself confused) my lawyor once said only the members of the family can sign settlement deed that is from father/mother to son/daughter with a legal hiership certificate only.
    -
    in this condition if the property is on my fathers name i cannot go for a setelment deed on my wife name. I hope you will understand, since the document charge is only 10k the Reg department has made the rules very strictly



    So, if Gift Deed & Family Settlement, both r not the solutions, what is the solution ?
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  • May be some other way as i said before, the Government and the rules are not so strict.
    See if your paying 7% of charges for stampduty which comes in lakhs, should the owner pay again the 7% stamp duty for just adding a co-ownership. Iam not aware but surely there is a legal way, that might be either a settlement deed, a GPO, or it also can be don via rectification deed
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  • Originally Posted by bala_animation
    May be some other way as i said before, the Government and the rules are not so strict.
    See if your paying 7% of charges for stampduty which comes in lakhs, should the owner pay again the 7% stamp duty for just adding a co-ownership. Iam not aware but surely there is a legal way, that might be either a settlement deed, a GPO, or it also can be don via rectification deed


    Government is pretty strict, since this is a matter of co -ownership . As i said, currently there is no other means to do the same .

    Also, Settlement Deed involves quite less % of stamp duty than the stamp duty applicable for registration .
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  • In case of co-Op society adding a person as a associate member by filling up the relevant form and submitting it to the said society will bestow all the benefits as a member, associate member will have his / her name added to the share certificate. i guess this should suffice. The property registration can continue as original.

    The legal implications from the point of succession need to be studied
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