• Flat registration without co-applicant

Can't I register my flat without Co applicant.I am a single girl and I want to buy a flat.In bank they neededed Co applicant mandatory so I gave my dad details but sale deed ,registration I need it only on my name.sale deed is not prepared yet..pls advise.



Thanks,
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

Your father is co borrower of loan

2) hence in sale deed your father name should be reflected as co owner

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Yes this may be done, not an issue.

Get the sale deed done on your sole name, the builder must not have any issue with the same.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes, it is possible the flat will be solely in your name where as for purpose of loan your father can be co-applicant.

Since now the bank will disburse the funds to seller then you can get it registered and mutated in your name there won't be any problem.

It is a simple procedure there won't be any issue till you father objects and he want to be co-owner .

Otherwise lawfully you can own the property inspite he is co-applicant now you prepare a sale deed and in which you shall only the buyer. You just have to mention the complete consideration of this amount is paid to seller through DD or through bank.

In sale deed you can be sole owner of property.

Also a father can purchase property in name of children wife it's lawful and can get income tax benifit too.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Your query is confusing.

2. If you are earning enough to repay the loan applied for by you then the bank will not ask for any co-applicant or co-borrower. having a co-applicant in a bank loan is not at all mandatory.

3. However, at this stage also, if your earning is enough to repay the loan as per Bank's calculation, both you and your father should jointly write to the bank (and also to the builder) stating that your father wants to withdraw to be a co-applicant/co-borrower and you shall hence forth be the sole borrower taking the loan by mortgaging the property to be bought by you for which the said loan is being taken.

4. If your income is not adequate to repay the EMIs for the loan you have applied for and availed and the value of the flat to be mortgaged is inadequate to cover the loan, then ask your father to mortgage some of his other property for your loan so that the Bank can safely allow you the said loan treating you the sole borrower in place of a co-borrower with your father.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

There is nothing wrong in that if there is a co applicant in the borrowing, that gives you extra borrowing power but you can register the property in your name only and the co applicant need not to be the part of the sale deed.

you may go ahead.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

The bank will insist on a co-applicant for granting loan, that is a usual and routine requirement.

As far as the registration of sale deed can be done on your name alone as a single owner, your father need not be a joint owner of the property just because he is a co-applicant

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Hi

1) Under law, you can register the property solely on your name and for the purpose of availing home loan, you can include yourself as an applicant and also make your father as a co-applicant to the said loan.

2) In housing loans, the house is the collateral and the applicants and co-applicants are only mortgagors/ guarantors.

3) By virtue of being a co-applicant to the bank loan, co-applicant cannot claim title, ownership or interest on the property unless and until the property is registered jointly in the name of applicant and co-applicant.

4) It is a normal practice where in properties are registered SOLELY in the name of Daughter / Wife whilst in the banking loan related documents, father/husband are co-applicants to the said loan and your bank should NOT have any objection for the same.

5) Just to be safe w.r.t loan disbursement, Please do submit a letter to the bank that you will be registering the property solely in your name and deposit the title deeds as collateral for the said loan and take acknowledgement from the bank PRIOR to registration of sale deed.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Absolutely you can get the sale deed on your name....co.applicant is only for the bank to grant loan for the flat you are purchasing...

Sricharan Telaprolu
Advocate, Hyderabad
156 Answers
67 Consultations

4.9 on 5.0

Dear Client,

Bank cannot ask for co - applicant, it is your wish to buy in joint ownership or not. Both u have applied for purchase of flat.

Property can be bought in single buyer name, sufficient to mention Sale Deed, role of co - applicant.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Bank cannot make any such demand. I assume you have applied for a loan to the bank and the bank wants your dad to be a co-borrower of the loan. Thats why the bank wants your dad to be added as a co-owner so that in cause you default they can proceed against your dad for the same flat. Thats really absurd of a bank to make such a demand. Your dad can stand as a guarantor for you and in case you default in repayment they can always proceed against your dad and his properties.

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Co applicant is only for loan purpose. You can have sake deed in your name

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer