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Arindam (Project Manager)     19 June 2013

Co-ownership

Sir/Madam,

I have recently purchased one Flat, and availed Homeloan from a reputed bank. As per bank norms I have done Sale agreement deed on the basis of initial valuation and deposited the stamp duty, though my final registration is yet to be done. The deed has been done on my name. Now I want to include my spouses name as a co-owner of the said property. Before doing the final registration. Please let me know how to proceed.

Regards

Arindam



Learning

 6 Replies

Shantilal Pandya ( Advocate)     19 June 2013

Just ask the transferer to execue the sale deedd in favor of two persons and convince the bank  with a request to modify the loan papers relating to the loan transaction,showing that there are two borrowers,

Shashikant V. Patil (Lawyer)     19 June 2013

Advocate Pandya is rightly stated.

REENA JAIN (EXECUTIVE)     19 June 2013

What would be benefit to add spouse name as co-owner of property ? If one spouse dies unfortunately, in such situation will surviving co-owner ( spouse ) ) be 100% owner of the property even after if there is no WILL or Hindu Succession Act 1956 will apply even in joint ownership property of couple in absence of WILL.

REENA JAIN (EXECUTIVE)     19 June 2013

What would be benefit to add spouse name as co-owner of property ? If one spouse dies unfortunately, in such situation will surviving co-owner ( spouse ) ) be 100% owner of the property even after if there is no WILL or Hindu Succession Act 1956 will apply even in joint ownership property of couple in absence of WILL.

Arindam (Project Manager)     19 June 2013

Thanks Pandya Sir,

But as I mentioned I have already submitted the Stamp duty on the basis of initial valuation my bank is telling it is not possible legally to include co-owner name as Stamp duty has been deposited to Govt. Is it true? they are telling now the only option is to have a Gift deed after Registration. Please advise.

Shashikant V. Patil (Lawyer)     19 June 2013

You said that, sale deed document has not yet registered so still you can add your spouse name in the list of  Purchaser's name.  How can bank official say to execute gift deed ? You convey them that sale deed document has not  yet registered.  Bank  has initially sanctioned loan thinking that you are the sole owner of this property and later on you wished to add one more co-owner in the said property so there is the problem.  You just convey the bank official , also can give undertaking for this.  


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