LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Chalfont (abc)     21 July 2012

Joint owenership in flat with wife

Need advice.

I own a flat in Gurgaon under my name since two years. I have paidoff the loan and will be getting registered document of property towards the end of this month from bank (HDFC).

I would like to add my wife as a joint owner of this flat so that

1.  she can have right to sell the flat as well as

2. In case of any taregdy as asurvivor, she can be the owner of that flat.

what will be the best way to approach this?



Learning

 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 July 2012

You can make a settlement deed in favor of your wife. The settlement deed  should be compalsorily registered and stamped as per the rates prevalent in your state because as per section 17 of the Registration Act an interest in the immoveable property would be created in favor of your wife which was hitherto not there.

As per the Indian Stamp Act, 

 “Settlement” means any non-testamentary disposition, in writing, for movable or immovable property made-

         (a) In consideration of marriage, 
         (b) For the purpose of distributing property 
         of the settlor among his family or those for whom he desires to provide, or for 
         the purpose providing for some person dependent on him, or
         (c) For any religious or charitable purpose; and includes all agreement in         
         writing to make such a disposition and, where any such disposition has not 
         been made in writing, any instrument recording, whether by way of 
         declaration or declaration of trust or otherwise, the terms of any such 
         disposition;
The said definition is wide enough to cover the kind of disposition you intend to make through which you would give up your claim of absolute ownership of the property and constitute your wife as a joint owner along with yourself. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register