• Release deed on property - reg

Sir, I have purchased a flat in the name of me and my wife. Its under loan from LIC Housing Finance Ltd. The EMI is being paid by me. Loan also purchased jointly in the name of me and my wife.

Now, I want to give the whole share to my wife and want to release my lien over the property. However, the EMI will be still paid by me only till the end. Whether it is possible to release my lien?
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

LIC would not agree to execution of release deed by you till loan is pending 

 

repay the loan then execute gift deed or relinquishment deed 

Ajay Sethi
Advocate, Mumbai
100016 Answers
8164 Consultations

There must be clause in loan agreement that pending repayment of loan no third party rights can be created 

 

release deed executed by you would be illegal 

Ajay Sethi
Advocate, Mumbai
100016 Answers
8164 Consultations

A registered agreement must be made with your wife stating that after the loan is paid you will relinquish all your share and all the property shall belong to your wife.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

See you can after payment of complete amount to the bank and clearing loan can only or with NOC OF BANK CAN transfer same to your wife.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You need NOC from LIC to release your share in favour of wife.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You need to approach the LIC with a request to permit you to execute release deed in favour of your wife. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

NO . you cannot create third party during pendency of loan 

Ajay Sethi
Advocate, Mumbai
100016 Answers
8164 Consultations

You can get the certified copy during registration. You can execute registered release deed in the said matter

Prashant Nayak
Advocate, Mumbai
34693 Answers
249 Consultations

See you can make relinquishment deed by taking NOC if the property is under loan then without that no transfer is permissible .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

without NOC from LIC you cannot execute release deed even if you add clause in release deed. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

You can mention such clause or not, no effect on release deed. Release deed is due trasfer of ownership but first right on property is with bank till loan not repaid.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You can transfer your share in the immovable property to your wife by executing a registered gift deed, but before that the loan on the property has to be fully discharged because you cannot  make the EMI loan repayment for the property which is not on your name, moreover the bank will not permit you to  transfer your share of property without fully discharging the loan amount.

You may obtain NOC from bank for this, if they permit you to do so.

 

T Kalaiselvan
Advocate, Vellore
90218 Answers
2507 Consultations

Firstly you cannot transfer the property by executing a registered release deed, this can be done by a gift deed only.

Secondly if the property has already been mortgaged in favor of a finance company, then the registrar may not allow you to transfer the property by a registered deed to anyone, be it your wife also. You may be instructed to get NOC from LIC HFL by the registrar without which you may not be permitted to transfer your share in the proeprty to a third party.

 

T Kalaiselvan
Advocate, Vellore
90218 Answers
2507 Consultations

You were advised that the release deed may not be applicable to this situation, hence there is no use of making any such recital in the release deed which cannot be executed. Moreover no such recital can be legally valid because the financier is a different person who only can decide about such a situation and not you.

 

T Kalaiselvan
Advocate, Vellore
90218 Answers
2507 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have a flat which has been bought on joint name.
  2. And now, you wish to transfer your share in it to your wife by executing the release deed.
  3. Yes, you should ask for the certified copy of the same and then proceed further.
  4. And yes, there can be this clause also as it will prove that after the transfer of your share in the property, you will not put the burden of EMI in her as the loan also under both the names.
  5. In fact, if wish then after executing the release deed, execute a simple agreement between you and your wife (notarised only) staying that you have released your share and will continue to pay the EMIs.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

yes you should do that.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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