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Nishant (abc)     27 November 2009

Gifting 50% share in mortgaged property

Dear Forum Members,

My close relative (female 46 years) had taken a  housing loan and purchased a flat in noida in the year 2003, Her husband is co-owner, all installments of loan amount (around 70%) has been paid by her and not by husband. they have an agreement for tax purpose wherin it is stated that husband and wife have equal share in the property (50%). There is martial dispute going on between two of them for last 2-3 years.

 

1.First of all how much share legally the lady has in the property?

2. How can she transfer her share in property to her mother, is it by way of gift or making a will (in case of passing on benefits after death)

 

Thanks very much in advance,

 

Nishant



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