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Siddhesh (d)     29 November 2011

Transfer of rights

Hi,

A flat was purchased & all the formalities such as registration, stamp duty are completed before my marriage ie. before 17th Jan 2010. Flat -Agreement of Sale - first name stands on my mother's name & second name is mine. Even loan is jointly applied by myself & my mother & EMI is debited from my a/c. My mother is working as govt servant.

Question : 1. Can my wife claim on property?. 

2. If yes then what can be done to save my flat

3. I have heard abt release deed/gift deed..can i transfer my rights to my mother & she become to sole owner of the flat.

4. Do i have to pay stamp duty again?? is there any way to avoid it by any other deed..



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 4 Replies

ABHIJEET PARIKH (Bcom LLB MBA)     29 November 2011

Dear Siddhesh,

Your wife can claim ur property only upon filing divorce suit and pleading the ground of maintainence if ur not earning properly otherwise not

good thing u did was making ur mom the joint and co-owner of the flat and that ur the second name

u can do that but u will exposed to stamp duty again 

1 Like

Siddhesh (d)     01 December 2011

1. Can i go for relinquishment deed...& release all my rights towards the flat??. By doing this my wife won't be able to claim her rights on property...please guide..

2. Will i have to pay any stamp duty for relinquishment deed? If yes how much for mumbai (kandivali).

3. I have heard that since my mother is alive we won't have to pay any stamp duty just registration will do...how much i have to pay for registration...

4. Just Notarised will do? or registration & notarise both are req?

5. In court how much valid is the relinquishment deed...

6. Please guide as i am already over burden with EMI & want to save money for stamp duty..

Advocate Vishnu (Advocate)     01 December 2011

You may transfer the property using a gift deed to your mom . It is the cheapest and safest transfer in your case and gives clear title to your mom

ABHIJEET PARIKH (Bcom LLB MBA)     06 December 2011

I agree with vish


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