Addition of wife's / Sons name in property title
Querist :
Anonymous
(Querist) 15 February 2010
This query is : Resolved
Hi, I would like to know if one can add the name of his Son's (Minor) or wife's name in the Title of Property. If yes are the legal requirements ? These is ongoing loan on this property.
Devajyoti Barman
(Expert) 15 February 2010
You can not add their names unless some share in the property is transferred in their name by deed of Gift or Sale etc if the property is already purchased and got registered as well.
If not then at the time of execution of Deed of Sale you can easily add their names as co-owners of the property.
Parveen Kr. Aggarwal
(Expert) 16 February 2010
Section 17(1)(b) of the Registration Act, 1908 provides that a non-testamentary
instrument which purports or operates, to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property, the documents shall be registered. So, for addition of name of any person in the title of the property, the document so executed must be registered.
Moreover, the consent or concurrence of mortgagee (to whom the property has been mortgaged against loan) will have to be obtained.
