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
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?
If release deed is practically possible, whether it is must to show the original property document to the Registrar while registering the release deed? Because, the original document is in the custody of LIC HFL. Otherwise, shall i book for "Certified True Copy" with the Registrar for the property and go for registration of release deed with the same. Whether this will be accepted by the Registrar?
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
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
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
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.
You need to approach the LIC with a request to permit you to execute release deed in favour of your wife.
Whether if i make a clause in the release deed that, the EMI will be paid by me till the end will make the deed worthful?
You can get the certified copy during registration. You can execute registered release deed in the said matter
See you can make relinquishment deed by taking NOC if the property is under loan then without that no transfer is permissible .
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.
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.
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.
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.