• Which Indian law is applicable for including name of mother as a joint owner on the son's property.

Municipal council has taken joint name of my mother on my self acquired immovable property as per my affidavit request on 100 Rs stamp paper. I have no any problem or contention but government asked me for showing rules of transfer of property. So inform me applicable laws, acts, rules, sections etc.
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

Under section 122 of the Transfer of Property Act, 1882, you can transfer 50 share in immovable property through a gift deed.

2) Registering a gift deed with the sub-registrar is mandatory under section 17 of the Registration Act, 1908,

3) mere affidavit is not sufficient to make your mother co owner of property

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

The property can be transferred in joint name only by sale gift or a registered deed not on affidavit.

So for joint ownership u need to make a registered gift deed in favour of your mother.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You should execute gift deed in favour of mother

Gift deed should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

For transfer of ownership under transfer of property act either it has to be sale or gift or exchange for transferring property rights and further under the registration act makes it mandatory for registration so the affidavit won't transfer the ownership.

Make a gift deed in favor of mother.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, there has been a proper procedure to include or delete anyone’s name into the property documents.

Secondly, as you have included by way of affidavit which is also a correct way to do so.

Thirdly, and they have already done then there is no question of putting questions to you now.

Fourthly, if still they say so then there may be a provision in the municipal act of your state which may prescribe the procedure as every state has its own.

Rest you can have a detail talk through Kanoon...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. Your query is not clear to me.

2 If you alone is the owner of this property then no one else's name , not even that of your mother can be added as its co owner.

3. So I am not sure on what basis or for what the Municipality is asking for the name o your mother. If you share their demand notice on this account then further advice can be given.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) There is no such law for joint name of mother should be inserted in the movable and immovable property.

2) After a deceased of son father and mother can become the legal heirs of his property as per Indian succession act, in class 1 and 2 legal heirs.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

As i advised you in the previous query too, in order for it to a proper validated transfer to your mother, you'll have to execute gift deed or relinquishment deed, giving half of the property in favour of your mother.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

1. If you wish to make your mother a co-owner of the property, you can sign a gift deed for gifting half share in property to her name

2. The gift deed will give valid legal title to your mother as a joint property owner

3. Mere entry in municipal records will not confer legal title on your mother

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Hello,

The municipal council cannot claim it . It is not at all necessary.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Dear Sir,

Without your consent and without you furnishing name and other details of your mother they could not have registered joint names. You may get remove in the name of your mother by getting a NOC on Rs. 100 stamp paper that she has no objection to remove her name. Otherwise act according to advise of municipal office. It is not advisable to take any action against them. You may also get release deed from your mother and get into your exclusive name. It is not a big issue.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

There is no requirement of co-owner where the properties self acquired and registered in a single name this action of municipal corporation is void ab initio and have no Legal meaning

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You have to execute Gift or Settlement deed in favor of mother than only she can be joint owner in your self acquired property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the property is on your name alone then you may gift a portion of the property to your mother's name by a registered gift deed, then she will become a joint owner of the property.

Adding her name to municipal records will not make her a legally valid joint owner of the property.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

The action of getting her name added in the property jointly with you in the municipality records is not invalid in law but it should be done after only after she becomes a joint owner by a registered deed.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You can gift your share in Property with Registered gift deed.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

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