Querist :
Anonymous
(Querist) 02 March 2025
This query is : Resolved
Hello, I am the owner of flat in Pune and my father is co owner which is listed in index 2 page. I paid all the emis and all amount. Now I want to know is there any way I can transfer the full flat ownership to my wife. And change co ownership of my father.
T. Kalaiselvan, Advocate
(Expert) 02 March 2025
You can transfer your share in the property in favour of your wife by executing a registered gift deed but it will not make her an absolute owner of the entire property because your father is the joint owner of the property and he is entitled to 50% share in it. You may have to talk to your father, convince him to transfer his share also in favour of your wife by executing a registered gift deed, after which your wife will become an absolute owner of the entire property.
Querist :
Anonymous
(Querist) 02 March 2025
Thank you for immediate reply sir. Is it possible I can replace my father and make my wife as co owner in index 2
Dr. J C Vashista
(Expert) 02 March 2025
Both of you have to get the property transferred in her name through a registered gift or sale deed
Sudhir Kumar, Advocate
(Expert) 02 March 2025
If your father agrees then you both can transfer property to your wife.
kavksatyanarayana
(Expert) 02 March 2025
Yes. If your father agrees to execute a gift deed in favour of your wife then you and your father may execute the gift deed in favour of your wife for which she will be the absolute owner of the property.
P. Venu
(Expert) 17 March 2025
What is the stand of your father? Is he agreeable to convey the property in favour of your wife?
How come the father is the co-owner. Had he provided funds for the acquisition of the flat?
Querist :
Anonymous
(Querist) 23 March 2025
I have taken a loan jointly with my father to get hight loan amount but I single handedly paid all the emis and the loan is also finished I have all the transactions details. But in index 2 my father became co owner because of joint loan. Now my father don't talk to us because of family issues and I am not sure how I can transfer his rights to me or my wife? Can I fite with him as he has not a single penny in the loan ?
P. Venu
(Expert) 23 March 2025
Who are the legal heirs to your father? Who is in possession and occupation of the property? Is it within your knowledge that he has executed any Will?
Querist :
Anonymous
(Querist) 23 March 2025
Legal heirs of my father is my brother and my mother. I am in occupation of the property and I am not aware about if he had maid Any will.
Dr. J C Vashista
(Expert) 23 March 2025
Payment of EMIs do not confer / transfer share of title in your favour. LRs of your father (your mother and brother) have no right, interest, claim or title in the property during his life-time (presumably he is alive). If your father has executed any will or dies intestate, circumstances and the law governing succession will change.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup