LTA (na) 15 January 2011
Hello,
My husband and I have a flat in Bangalore which is jointly owned by us and have a joint loan from HDFC on it, still unpaid. As I am a housewife, he only pays the loan. Due to some personal reasons, I do not want the flat to be in my name. I want to Transfer the flat to his name only and need nothing in return. Pls guide on as how to proceed with it. Will the joint loan be a problem.
RGDS..
LTA
rajeev sharma (Advocate Ex senior manager law ) 15 January 2011
All hte bank loan agreements generally have a clause that the mortaged property cannot be transfered by the mortgagee\ borrower without bank's prior written consent. Since even subsequent to transfer of your share to your husband the property will remain mortaged to bank, you may approch the bank with the request and may transfer your share in favour of your husband with prior approval of bank
LTA (na) 15 January 2011
many thx for ur reply.Shall start with talking to the bank.
adv. rajeev ( rajoo ) (practicing advocate) 15 January 2011
Bank's prior permisssion is required. And your husband's consent letter to repay the loan by himself is necessary because loan is in joint name. It also requires documents to show that you have relinquished your rights over the property to your husband. So better to execute the regd., rights relinquish deed.
Approach the bank and submit the required documents from the bank
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