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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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  • #11

    #11

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

    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

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    • #12

      #12

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

      Originally posted by bala_animation View Post
      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 ?
      Please read IREF rules | FAQ's

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      • #13

        #13

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

        How to transfer your property

        http://www.indianrealestateforum.com/941239-post1.html
        Please read IREF rules | FAQ's

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        • #14

          #14

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

          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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          • #15

            #15

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

            Originally posted by bala_animation View Post
            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 .
            Please read IREF rules | FAQ's

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            • #16

              #16

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

              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
              Last edited August 24 2013, 02:48 PM.

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              • #17

                #17

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

                Originally posted by MANOJa View Post
                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 .

                stamp duty and registration are independent of each other. Stamp duty is a kind of tax levied by the government, payment of stamp duty makes any document admissible as evidence in any court of law whereas registration is
                a) By Registration of transaction of immovable property will become permanent public record. This is a notice to the general public. Those getting transfer of property should verify whether such property has been previously encumbered. (b) According to Transfer of Property Act right, title or interest can be acquired only if the deed is registered.

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                • #18

                  #18

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

                  excelant bazoomistry do you have any solution for the problem above discursed
                  .
                  How to add Co-Owner Ship, And How to remove Co-Ownership, for a allready registered property, do stamp duty and registeration charges apply or there is some other leagal shortcut

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                  • #19

                    #19

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

                    I need some advise on the following:

                    I have a flat, in possession, in gurgaon and which is in joint name of self & my wife but I make all the payments towards the home loan. and would like to transfer my share of the property to my wife with immediate effect. I would also like to request the best way forward and any costs (stamp duty) etc involved in the same.

                    PS:I have heard that gift / relinquishment deed are not foolproof ways of transferring your share as they can be challenged anytime in the courts.

                    Request an early response by the legal luminaries / senior members of IREF.

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                    • #20

                      #20

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

                      Originally posted by grassik View Post
                      I need some advise on the following:

                      I have a flat, in possession, in gurgaon and which is in joint name of self & my wife but I make all the payments towards the home loan. and would like to transfer my share of the property to my wife with immediate effect. I would also like to request the best way forward and any costs (stamp duty) etc involved in the same.

                      PS:I have heard that gift / relinquishment deed are not foolproof ways of transferring your share as they can be challenged anytime in the courts.

                      Request an early response by the legal luminaries / senior members of IREF.

                      Has the registration been done ? From the above, it seems likely so .

                      If no, u may approach the Builder & he would ask u for some affidavits & u can get the needful done . If registration has been done already, Gift Deed & Family Settlement r 2 viable options . If u go for Family settlement ( cheaper than Gift deed ), do take an NOC from all other members of the family .
                      Last edited September 2 2013, 11:32 AM.
                      Please read IREF rules | FAQ's

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