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How to Add Spouses Name to an Existing Registered Property Title

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How to Add Spouses Name to an Existing Registered Property Title

Last updated: August 8 2015
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  • How to Add Spouses Name to an Existing Registered Property Title

    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
  • #2

    #2

    Re : How to Add Spouses Name to an Existing Registered Property Title

    Originally posted by ajaykarora View Post
    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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    • #3

      #3

      Re : How to Add Spouses Name to an Existing Registered Property Title

      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 .
      Please read IREF rules | FAQ's

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      • #4

        #4

        Re : How to Add Spouses Name to an Existing Registered Property Title

        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 View Post
        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 .
        Last edited August 8 2013, 02:37 PM.

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        • ajay.jain1992
          ajay.jain1992 commented
          Editing a comment
          What is the stamp duty on the gift deed from husband to wife
      • #5

        #5

        Re : How to Add Spouses Name to an Existing Registered Property Title

        Originally posted by sh-saxena View Post
        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 .
        Please read IREF rules | FAQ's

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        • #6

          #6

          Re : How to Add Spouses Name to an Existing Registered Property Title

          Thanx, will check with the builder.
          Yes, its not registered yet, its still under construction.

          Originally posted by MANOJa View Post
          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 .

          Comment

          • #7

            #7

            Re : How to Add Spouses Name to an Existing Registered Property Title

            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.
            .
            This idea can be used to joind co-ownership but not to sell a share of some land or property
            .
            This is my idea Please confirm with your advocate
            .

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            • #8

              #8

              Re : How to Add Spouses Name to an Existing Registered Property Title

              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 .
              Please read IREF rules | FAQ's

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              • #9

                #9

                Re : How to Add Spouses Name to an Existing Registered Property Title

                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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                • #10

                  #10

                  Re : How to Add Spouses Name to an Existing Registered Property Title

                  Originally posted by bala_animation View Post
                  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 .
                  Last edited August 10 2013, 04:17 PM. Reason: typo
                  Please read IREF rules | FAQ's

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