• Adding co-owner to property bought in India from US

Hi,
My husband and I are living in US currently and we bought a house in Bangalore in 2015 through GPA (my FIL) and it's registered only in my husband's name alone. We have housing loan with LICHFL currently and are still paying EMI. My husband now wants to add me as the co-owner of the house? Can we do it from US through special power of attorney or do we have to travel to US? Also, Can you please let us know the process to revoke GPA given to his dad?

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

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13 Answers

1) your husband would need consent from LICHF to add your name as co owner of house

2)husband can execute gift deed in your favor to transfer 50 per cent share in house in your name

3) gift deed should be stamped and registered

4)since your father in law already has power of attorney he can execute gift deed on your husband behalf

5) however POA should be registered then only FIL or any other family member can execute gift deed on your husband behalf

6) for revocation of POA public notice has to be given of revocation . further notice has to be given to FIL of revocation of POA

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. your husband can transfer his 50% share in the flat to you by signing a gift deed in your favour

2. since the flat is mortgaged, you will have to take NOC from lender

3. you can become a co-borrower alongwith your husband

4. the GPA given to your husband's dad can simply be revoked by writing a letter to him

5. you can also issue a public notice in newspapers to inform the public at large that you have cancelled or revoked the GPA given to your FIL by so and so letter

6. the gift deed can be signed by you and your husband before the public notary there or before Indian Consulate - latter is more preferable

7. you and your husband also need to grant a power of attorney to some trusted person in India who will confirm your signatures on the gift deed before the registration officer in India and complete all the registration formalities on your and your husband's behalf

8. the above power of attorney has to be compulsorily signed before and attested by the Indian consulate or embassy

9. also inquire with the consulate or embassy if they will require the power of attorney to be apostilled before they can attest the same

10. this will transfer the 50% share of your husband to you in your lifetimes itself

11. your husband can also make a Will in your favour therein bequeathing his 50% share in the house in your name

12. the Will has to be signed in presence of two witnesses

13. but transfer of the 50% share in your name will happen only after the demise of your husband

14. there are also chances that his Will may be challenged by his other legal heirs on the ground that it is forged or fabricated

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

This is my response to you:

1. To revoke the earlier GPA, your husband will need to execute a Deed of Revocation with his father;

2. To add you as the joint owner, you will have to travel to India to register the documents jointly with your husband;

3. Otherwise the better option is to revoke the earlier GPA and execute and register a new one wherein you get certain decisive powers over the property including sale, mortgage etc;

4. To be come a joint owner or a co-owner you will have to once appear before the office of the Sub-Registrar;

5. Engage services of a local lawyer wherein your property is situated and ask him/her to do work on your behalf.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hii

Greetings g of the day.

1. Yes you can be added as an Co owner with obtaining NOC from your husband.

2. The name cannot be added from U.S.

3.to added name in title you and your husband as to be present present to registered office their is certain formalities has to be done which GPA cannot fulfil the norms.

GPA can help for selling, transferring and mortgaging.

With best regards.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

Dear Client,

IF GPA is registered than it can be revoked by registered cancellation/revocation deed only. And if notorised than by mere written intimation it shall be revoked.

To make you co owner , husband have to execute GIFT Deed of half share to you. This can be done at Indian Consulate, USA.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Firslty, Mam, let me tell you that when a GPA has been executed in the favour of someone then the moment the purpose for which it I was executed done then it ends at that point of time.

Secondly, after the recent judgements of Supreme Court barring execution of GPA or POA or SPA with respect to the property transaction now you may not be able to do the same.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

For Power of Attorney from the US - you may have the same executed and authenticated by the Indian Consulate. It shall be valid in India.

For cancellation of GPA - a cancellation deed needs to be executed in India cancelling the said GPA. It can be done by the new PoA holder.

For transfer of ownership - your husband may execute a gift deed in your favour transferring 50% of his share. However, in that case you would require two PoA holders for both parties. I suggest you do this only if absolutely necessary.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

To cancel the GPA, a deed for revocation has to be executed.

Until the charge/loan against this property is not cleared completely, your husband cannot transfer this property you.

To transfer, an POA would be sufficient, but for transfer you need to wait till the time the loan is cleared.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. Your husband can make you a co-owner of the house by executing a Gift Deed for 50% of undivided share in your favour.

2. Both you and your husband needn't travel to India and this task can be completed by executing a POA in favour of somebody who acts and represents both of you in the Sub-registrar's Office.

3. The GPA given to your F-in-Law by your husband can be revoked by cancelling the same by a registered cancellation deed, if the GPA is not irrevocable.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

You need to execute registered gift deed to transfer the ownership in your name and add you as co owner. To revoke GPA you need to execute registered cancellation deed. But before that you need to check the nature of GPA and it's recitals

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

You can do it by issuing two Special Power of Attorney one for signing the document on husband one on your behalf.

you can make a power of attorney get it attested with notary and Indian consulate in USA and further can send it to india.

For revoking GPA you need to give a notice to GPA holder for cancellation of GPA and further give a notice Newspaper two leading)

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

You can do it through SPA.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

Your husband since being the sole owner of the house proeprty, has to execute a registered gift deed in your favor, subsequent to which you will become a joint owner of the property.

He can execute the transfer through a special power of attorney deed also without coming to India, and you also can authorise a power agent to accept and receive the the property now being transferred to your name.

Before that he has to obtain NOC from LICHFL which has granted loan on the this property.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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