• How to change the co-owner rights to one owner

This is to know the procedure to get transfer the right of ownership from me to to my wife.
While registering we both are the owners and now i wanted to transfer the ownership completely to her name what all are the options for me please let me know.
Asked 6 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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14 Answers

You can execute gift deed or relinquishment deed in favour of wide 

 

 

2) it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

You can gift your undivided share vide a registered gift deed to your wife. The deed need to be registered before the Sub-registrar office and stamp duty has to be paid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You can execute a registered Gift Deed in favour of your wife, to make her the absolute owner of the property.

2. Alternatively, you can release/relinquish your share in the property in favour of your wife by executing a registered Release/ Relinquishment Deed in the office of Sub-registrar's Office.

3. The stamp duty for executing either of the deeds is not much, since the transaction is happening between the husband and his wife.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

You can execute a registered gift deed in her favour or you can also execute registered Relinquisment deed also

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1. You may execute a registered gift deed in her favour.

2. Get a flawless gift deed drafted by a lawyer and then apply for registration of it.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

One of the co-owner as to release his 50% rights to another co-owner thus you become absolute owner of entire property.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Execute relinquishment deed, less stamp duty than gift deed.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Client,

You may transfer his share to your wife by registering a Transfer Deed in her Favour or by by Relinquishing Deed in her wife's name.

Thanks.

Advocate Jaswant Singh Katariya

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Dear sir

For transfer of co-owner rights in a property is same as that of new sale

you move an application in office of registrar or tehsildar for transfer of property after that new sales deed in your name got prepared for with full rights in your favor

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

There are a number of ways in which your aim could be achieved. You can do that by way of relinquishment , transfer, gift or a nominal sale of your undivided interest /share in the property. The process, amount of stamp duty or taxes will depend upon the State where the property is situated and the option you choose out of the ones given here. You can consult a property lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You may transfer your share in the property by executing a registered gift deed or a settlement deed in her favor by which she will become an absolute owner with marketable title to the entire property.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1.  You can execute a Registered Gift Deed or a Release Deed for your 50% share of the property in favor of the wife.

2.  The above would be legally sufficient for futuristic legal purposes like Sale /Transfer /Gift /Donate /Mortgage /whatever....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

  1. There can be two ways for doing the same in legal manner.
  2. First, is to make a gift deed of your share in her favour and get it registered, and second is to execute a transfer deed of your share in her favour and register the same, both will serve the same purpose except little difference in registration fees.
  3. Thereafter, your wife can get the mutation in her name on the basis of any of the above mentioned deed.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Sir,

Section 44 of the Transfer of Property Act 1882 deals with transfer by a co-owner and it also deals with the rights of a transferee in this type of a transaction.

According to the Transfer of Property Act every joint or co-owner has a proprietary right of the entire property. Hence, any sale has to be done with the consent of all co-owners involved.

If, however there are specific conditions in the agreement that gives co-owners exclusive rights to certain parts/portions of the property, a co-owner can sell his portion to whom he chooses.

However, a currently dwelling house is an exception to this rule, where consent has to be sought from both co-owners who jointly own the house.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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