• Settlement deed

Husband is in Dubai on contract bases and not able to come down to Chennai.Wife is in chennai.Property bought in husband's name but loan amount is being paid by wife.now for better enjoyment can husband give a settlement deed in fair of the wife .can the bank give a no objection certificate for such transfer so that the deed can be registered.or what documents should be executed to transfer the property in wife's name
Asked 6 years ago in Property Law
Religion: Hindu

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9 Answers

Bank will not grant NOC for execution of gift deed or settlement deed till loan is repaid 

 

2) after repayment of loan husband execute registered gift deed in favour of wife 

Ajay Sethi
Advocate, Mumbai
100042 Answers
8167 Consultations

Before the loan amount has been paid the land cannot change hands although the husband can give you a power of attorney and you can do whatever you want.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Husband can execute a Gift Deed in favor of his Wife, and havfe it attested by the Indian Consulate, post it to Wife and Wife can get it Stamp Duty paid and Registered in India.

2. The above is the most simplest thing.  However Husband would require Bank NOC for transfer to Wife's name and Wfe would need to give undertaking to Bank to service the Loan.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Settlement can be done.

Bank has to give NoC.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

No need of bank NOC. Husband can execute gift deed in favor of wife but for that need to come to Chennai or send POA.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Yes he can execute a registered gift deed or settlement deed in the same

Prashant Nayak
Advocate, Mumbai
34714 Answers
250 Consultations

1. Bank will not allow to tranfer of property to wife's name until loan is sanctioned on name of wife. 

2. After sanction of loan husband can execute gift deed in favour of wife. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Once the bank gives you permission. You may execute a settlement deed.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

The bank cannot give No objection to ther proposed transfer of title from the owner to any person including his own wife til such time the home loan amount is fully discharged.

If the wife is ready to repay the home loan with interest fully and submits collateral security for that, then with her request letter and the borrower's consent letter as well as his request to bank to transfer the loan account to her name, then the bank may give NOC for transferring the property to her name by a registered deed.

T Kalaiselvan
Advocate, Vellore
90245 Answers
2509 Consultations

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