• I want to take joint name of my real mother in my own property

Whether local municipal council can register my mother name as a joint property holder when I requested with affidavit on non judicial stamp paper of 100 Rupees, if yes, please inform applicable rules for taken joint name on record of municipal council.
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Yes, you can add your mother's name as joint owner of your property as below are two options :

Adding another owner (as co-owner) to your property can be done through.

Sale Deed : You can include your Spouse’s name in the new sale deed mentioning the ratio or portion of the ownership and get it registered. The stamp duty is typically in the range of 5-12.5% of the market value of the property (varies in different states), while the registration charge is about 1%.

Gift Deed : You can also share the ownership by gifting it to someone. In this case, you will need to get a gift deed executed on a stamp paper and register it at the registrar’s office. A gift to a relative is not taxable. However, if you gift the property to a non-relative, the value of the house is treated as income and taxed according to the income tax rules for the relevant year. The stamp duty is generally 2% of the value of the property, along with 1% registration charge.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hello,

Yes this can be done. Get in touch with a lawyer. The affidavit will have to be filed before the court of sub registrar.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

See for joint name you need to register a gift deed in your favour of mother for share of property based on gift deed the municipal authorities shall mutate the name of mother in records. To mutate name first transferring property in her name.is important.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. The municipal body will not accept your mother as joint holder just on basis of an affidavit on stamp paper

2. You will have to transfer half share in your mother's name

3. You can execute a gift deed in your mother's favour and transfer half share to her

4.submit copy of gift deed to municipal body. They will add your mother as joint holder

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

hello,

you can enter your mother's name as a joint property holder on a stamp paper by going to a registrar's office in your city. joint ownership can be effectuated via:-

Sale deed: You can sell a portion of the property to your mother and she can use this sale deed to get herself registered as the co-owner of the property by paying the necessary charges. The stamp duty is typically in the range of 5-12.5% of the market value of the property (varies in different states), while the registration charge is about 1%.

Gift deed: You can also share the ownership by gifting it to her. In this case, you will need to get a gift deed executed on a stamp paper and register it at the registrar’s office. A gift to a relative is not taxable. The stamp duty is generally 2% of the value of the property, along with 1% registration charge.

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

1) you have to execute goft deed to transfer 50 per cent share in property in mother name

2) gift deed should be duly stamped and registered

3) then only mutation of property can be done in joint names

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

For that, you'll have a execute a gift deed executed and registered in favour of your mother gifting her a share in the property owned by you.

Then only, her name can mutated as co-owner.

Affidavit on stamp paper cannot be valid mode for transfer of property rights.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You can gift your Share in your said property to her through registered gift deed and then can include her name as joint owner in Property.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

YES- As per law , you can joint your real mothers name in your own property. But the municipal council will not accept your mother as joint holder just on basis of an affidavit on stamp paper of Rs.100.

- Hence, you will have to prepare some transfer documents in her favour.

- By way of GIFT DEED, you can share the ownership with your mother.

- Firstly , execute a gift deed in favour of your mother along with you and get it registered from the Registrar office from your area concern and submit it to the Municipal council for the record purposes. Then Municipal council will add your mothers name as joint owner along with you.

Mohammed Shahzad
Advocate, Delhi
9903 Answers
121 Consultations

5.0 on 5.0

Dear Client,

If property is in your name, than have to execute GIFT or settlement deed in her than only, mutation cannot on the basis of affidavit or ownership acquired by inheritance.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Until she is not a joint owner of the property along with you, her name cannot be included in the Municipal records in respect of this proeprty.

You first of all make her a joint owner by executing a registered gift deed to some portion of the property that you own and then apply for joint names in the property card.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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