• Regarding Regd of property

I booked flat in bangalore ,In agreement my mother is 1st applicant and me & my wife is co-applicant.For Loan process we have added all the three name including my father as my father will be paying EMI of flat.But For Registration we want in the name of first applicant "Mother" .

Is it possible to register or any document is required to get registered.
Asked 7 years ago in Property Law
Religion: Hindu

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15 Answers

Dear Client,

Your father can purchase the flat in any body name. no big deal. No extra documents needed except reference in sale deed who is actual contributor.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

such arrangement may expose you and your family members to benami law under which a benami transaction is prohibited

the benami law says that no person should enter into a benami transaction

a benami transaction is one in which the property stands in someone else's name but the true owner is someone else, who actually pays for purchasing the property

so in your case, the agreement would have 3 names i.e. mother, you and your wife as purchasers but father would not be included in agreement, however he will be paying the EMIs

so it is advisable that you include your father's name as the principal purchaser and your mother, you and your wife as co-purchasers

Yusuf Rampurawala
Advocate, Mumbai
7902 Answers
79 Consultations

Hello

Yes you can name your mother as the owner of the property. The previous things are immaterial and there would no adverse effects of your mother being the owner of the property.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

has sale deed been executed by builder?

2) you are co applicants for loan

3) bank would not agree to dropping of your name and wife name in registered sale deed

4) your father name is necessary in sale deed as he would be paying EMI of flat

Ajay Sethi
Advocate, Mumbai
99851 Answers
8148 Consultations

your mother name can be mentioned in sale deed as first applicant

it is necessary to mention your father name with your names as he would be repaying loan

Ajay Sethi
Advocate, Mumbai
99851 Answers
8148 Consultations

Sale deed can be execute in any bodies name, including you and your wife or without including and just moth sole owner.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

1. It is possible to get the Sale Deed registered in the name of your mother only, even though in the agreement of sale names of other members of the family are also there.

2. Prior to the Registration of Sale Deed, subject to obtaining permission from your financial institution, a Family settlement deed be executed and get it registered and based on the decision arrived by all of you that the property be registered in your mother's name only and all others pay towards the loan account through EMIs.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Get your and your wife's name removed from the agreement to sale, only then you will be able to get this property registered in the name of your mother exclusively.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If you want this flat to be registered only in your mother's name, make sure that the allotment of this flat gets transferred to her name exclusively.

Speak to your builder about this and the required documentation/

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

yes, it is possible to register the property on your mother name.

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

Dear Sir

It is possible if we manage the Sub Registrar. Consult a experienced advocate in field or ask the vendor to arrange for the same. Bankers must first agree.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

If you are one of the co applicant then your name will be there in the sale deed also.

otherwise get your name removed from the application form also and then get the property registered on your mother's name alone.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The applicant for loan is differnt from the purchaser of the property.

The property can be bought on your mother's name also by a registered sale deed exclusively on her name.

If you want everyone;'s name in the registered sale deed as purchasers, then the sequence of mentioning their names do not make any difference because everyone will be the joint owners and having equal shares in the property.

T Kalaiselvan
Advocate, Vellore
90053 Answers
2499 Consultations

Please let me know what should i do

What is your problem, discuss the problem instead of putting riddles.

The proeprty can be registered in any sequence however all the buyers will be having equal rights in the proeprty until and unless the share of each individual is specifically mentioned in the registered document.

T Kalaiselvan
Advocate, Vellore
90053 Answers
2499 Consultations

i just want to ask "can we register the property in my mother name as she is 1st applicant in sale agreement".Although me & my wife name is there in agreement as well in loan document.But we dont want our name also to be mentioned in registration as we are about to finalize one more property.

Since you and your wife are the joint buyers along with your mother, you both can execute a NOC in her favor to the builder and can seek to exit from the registration of the property.

The property sale deed can be registered on her name alone if the necessary formalities are complied with.

T Kalaiselvan
Advocate, Vellore
90053 Answers
2499 Consultations

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