Indermohan Kapoor (Retired) 09 December 2013

Removing name of co-owner in sale deed

I purchased a flat in May 2006 in Goregaon East, Mumbai in my ownership through POA given to my wife from Dubai through ICICI home loan.

I cleared the bank loan in Feb 2012, i got my all the original documents back from bank, I read sale deed and found that my wife name appeared as co-owner in sale deed and she signed as co-owner.

Whereas Index one and Index two clearly declares that she is the autherized signatury on my behalf and there is no other owner of property.

Please let me know is there any way out that I can remove her name from sale deed without paying stamp duty which is around Rs.30000/- at the sub registrar office in Borivalli Mumbai.

Thanks for replying,

I.Kapoor.

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2 Replies

BAALASUBRAMANNYAMM (Advocate) 09 December 2013

If her name is shown as co-owner ie., Purchaser No.2 and whereas your name is appearing as purchaser No.1, in the registered
Sale Deed, you have no option to remove her name as a coowner. But if her name is apparears as purhcaser on your behalf, hence she should not be treated as a coowner. First Clarify yourself.

Shraddha D (Proprietor) 09 December 2013

Hello,

The Sub-Registrar will not easily accept this as a typing error. If accepted then you have to execute a Rectification deed mentioning rectification in the Sale Deed about the Co-owner. For this you will bear nominal expenses.

In case the rectification request is not accepted by the Registrar, the Sub-Registrar will may ask you to execute Gift Deed wherein you wife will gift her share to you.

To avoid the stamp duty and Registration charges,

You can keep your wife as the co-owner( if you don't mind) and execute and register Rectification Deed just mentioning error in the Index I and II. You will bear nominal expenses for the same. So after this Rectification Deed, the Index I and II will mention you and your wife name as joint owners of the Flat.