• Transfer of property fully in my name

My husband and I are separating and we have decided that our property in Bangalore will be transferred fully into my name. Right now it is in the joint name of my husband and myself.We have decided to do this before our divorce comes through.
My husband is currently working abroad in U.K. and does not want to come to India for this.
How can the property be fully transferred into my name?
Asked 9 months ago in Property Law
Religion: Hindu

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23 Answers

Your husband can execute POA in favour of family member to execute gift deed in your favour 

 

2) POA should be attested before Indian consulate 

 

3) on basis of POA close family relative can execute registered gift deed in your favour 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

Ownership will transfer by executing release deed/gift deed which ever attract less stamp duty.

He can give POA to any of his relative/friend to act on his behalf. Either execute POA at Indian embassy or notorise from UK and send to India, register the POA at sub registrar office within 4 months to keep the POA valid.

 

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

1. The transfer of his half share in the flat  can be gifted to you by a registered gift deed so as to make your the full share holder of the same

2. Now if he can not or does not want to travel solely for this purpose the he can execute, notarise a POA in U.K in favour of his parent/brother or close relative so the constituted attorney on the basis of the said POA can execute the said gift deed in your favour.

3. The notarised POA after reaching India must be locally stamped. 

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

From examining all the facts of your query I want to say that-
These cases are very common in various Courts of India and Supreme Court of India. I have dealt with such cases in Supreme Court. All your purpose can resolved if your husband execute a Power of Attorney (POA) from UK through Indian Embassy/ Consulate.
In the simplest of terms, it is the power (right) that a person (principal) grants to an attorney (a legal representative) . A principal-legal representative relationship is established between the two and the principal would be bound by the acts of the legal representative. For instance, if a person has purchased a property in India and cannot be physically present to process the registration, he can delegate these rights/duties to any relative/friend by means of a registered power of attorney. In a special POA, the power of the agent is restricted and limited to a specific purpose. A special POA may be transaction specific and the POA ceases on the completion of transaction. Under a general POA, broad powers are granted to the representative to make decisions on behalf of the principal. Besides, the representative can also carry out the various activities on behalf of the principal without any limitation on transactions.

Signatures of the notary or judge before whom the POA is executed are required to be authenticated by the duly accredited representative of the Indian Embassy/Consulate. According to Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948, notarising a deed from an authorised officer of the Indian Consulate/Embassy would be considered a valid notary. Such a POA is not required to be stamped at the time of execution. However, it needs to be stamped within three months from the date of receipt of the POA in India. Stamp duty would be payable according to Section 2(17) read with Schedule-I of the Indian Stamp Act, 1899, when the deed is presented for registration in India.

I have observed that there have been many cases where people resort to property sale through POA to avoid payment of stamp duty, which is illegal. Besides, selling properties where the owner has only right over possession and no right over ownership through POA is also illegal. Proper transfer of title and ownership cannot take place, if the sale is done through a POA and not by means of a sale deed.

You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

 

Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India

Shri Gopal Verma
Advocate, New Delhi
304 Answers
5 Consultations

4.0 on 5.0

- Since, your husband is joint owner of the said property , hence after executing Release/relinquishment deed in your favour , he can transfer his share into your name legally. 

- Further , legally this deed must be registered from the office of the Registrar in India. 

- If your husband is unable to come to India , then he can register the said deed by way of giving an SPA/POA to any relative or nearest friend in India. 

- The said POA holder will execute the Release deed in your favour on the behalf of your husband in his absence. 

Mohammed Shahzad
Advocate, Delhi
6272 Answers
64 Consultations

5.0 on 5.0

your husband can execute Power of Attorney (POA). However the Power of Attorney must be signed in the presence of 2 witnesses and notarised by the Indian Consulate/Embassy.

The POA must be registered with the Sub Registrar/SDM Office and once registered it can be used for registration of the property in your name.

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

Your husband will have to execute a relinquishment deed in your favour in order to fully transfer the property ownership in your name and the said deed needs to be mandatorily registered after payment of stamp duty. 

If he doesn't want to come to India to do the legal formalities you will have to give a power of attorney (duly apostilled) to any other person to do the registration on his behalf.

Siddharth Jain
Advocate, New Delhi
5627 Answers
67 Consultations

5.0 on 5.0

Dear Madam,

It can be done by executing Relinquishment Deed or Settlement Deed or Gift Deed. Such deed may be executed by his Power of Attorney in India. His blood relative may be his Power of Attorney. Discuss for more details.

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What Happens If A Co-Owner Wants To Give Up His Ownership Rights?

Swapnil Singh, one of our users asks, "How does surrender of property from one co-owner to another workout. Are there are any charges involved?" Many of you might have had a similar question.  In simple words, you can transfer your property to another person in three ways — i) a sale/transfer deed ii) a gift deed iii) Relinquishment deed.

The latter is what will come into play in Swapnil's case. A co-owner in a property who is willing to give up his or her rights over the property can resort to the relinquishment deed which allows for a smooth transfer. Often, legal heirs who are giving up their stake in a property are asked to sign this deed for clarity.

For example, take Mahima Sinha's case. When 28-year-old Sinha got married, her mother insisted that she should sign the relinquishment deed before she goes to her new home. She was compensated in terms of liquid money because the property was to be shared among two of her brothers who lived with their mother. Signing the deed meant that Sinha wouldn't (or couldn't) come back for a share in the property.

Let's look at what it entails:

 

It is usually signed by a legal heir relinquishing the property in the favour of another legal heir. It could be an ancestral, parental or joint property. It also takes place when a parent dies without leaving a will. The property must be owned by more than one person.

It is irrevocable even when the one who is relinquishing without being compensated.

As with all documents related to the transfer of immovable property, a release deed needs to be signed by both parties, stamped and registered. Stamp duty will be applicable only on the portion of the property that is relinquished.

You cannot relinquish the property in favour of a non-co-owner. If you plan to transfer your property to someone else, it would be treated as a gift deed and would attract stamp duty charges.

As per The Registration Act of 1908, relinquishment comes under Section 17 which means it has to be compulsorily registered at a sub-registrar's office.

The document may be presented for registration either in the office of the Sub-Registrar in whose sub-district the document was executed or in the office of any other Sub-Registrar under the State Government at which all the persons executing and claiming under the document desire the same to be registered.

Unregistered relinquishment deed is not permissible as legal proof of relinquishment.

Since relinquishment is a transfer and not a gift, there are no tax benefits.

Kishan Dutt Kalaskar
Advocate, Bangalore
5710 Answers
270 Consultations

4.8 on 5.0

Hi, the property can be transferred through gift deed ..

Hemant Chaudhary
Advocate, Gurgaon
4601 Answers
44 Consultations

4.9 on 5.0

Madam,

Your husband can submit a relinquish deed in your favour and the same must be authenticated by Indian Embassy in UK. On the basis of this release deed, you may get the full ownership of the property. 

Ganesh Singh
Advocate, New Delhi
6605 Answers
13 Consultations

4.5 on 5.0

Ma'am, 

This can be done by a family transfer process, although as you stated that your husband is in U.K., he has to send in an SPA ( Special power of attorney ) duly made in UK in name of someone who can stand in his place in the registry office. 

Although this should not include a power to sale as then it would attract an extra 3% of the property as a fee to Sub-Registry.

Abhishek Sharma
Advocate, Chandigarh
119 Answers
2 Consultations

5.0 on 5.0

He may gift you the property. He can make a gift deed and register it through the power of attorney in India. You can take possession of the property.

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

Hi

Get a POA (Power of Attorney) from your husband digitally signed from uk in favour of someone who can stand for the transfers on behalf of your husband. Get that POA registered here and transfer the full ownership on your name 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

If your husband agreed to transfer his share in the jointly owned property to you, then he may have to execute a registered gift deed in your favor either by himself, or if it is not feasible for him to come to India for this purpose, then he may execute a power of attorney deed from UK itself in favor of any close relative back in India. 

Once the power agent executes a registered gift deed in yor favor, you will become an absolute owner of the entire property with clear and marketable title to the property. 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

Then in that case, he can execute a POA in your favour while sitting abroad, which will have to be executed from the embassy.

Nirmit Srivastav
Advocate, Lucknow
60 Answers

5.0 on 5.0

He can execute registered gift deed or Relinquishment deed in your favor. He needs to attest the same at hi commission of India and then register in India. He can also execute poa and do it without coming to India through poa

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

1. Your husband may send you a power of attorney from Uk using same a gift deed on payment of stamp duty can be registered in your name for his share.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

1. He has to execute a GPA in favour of any relative in India to authorise him to execute the gift deed for his for and on his behalf.

2. The GPA has to be attested at Indian Consulate and then registered in India.

3. The GPA may be in your favour too.

Ashish Davessar
Advocate, Jaipur
30308 Answers
881 Consultations

5.0 on 5.0

- If you husband is on a work visa for long term then he can give GPA to you which can be registered and authorized by Embassy of India by Counslate and shall be considered valid

- Such GPAs are time-bound hence plan accordingly. 

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
720 Answers
6 Consultations

5.0 on 5.0

He can execute a power of attorney in the name of his mother or father or brother or sister who lateron, on behalf of your husband, can transfer his share in your name before the registrar.

Nikhil Gupta
Advocate, Yamunanagar
36 Answers
1 Consultation

4.0 on 5.0

Without your husband signature or certifing the documents the property is not transfer

Deependra Pati Tiwari
Advocate, Faridabad
16 Answers

Not rated

Your husband can either relinquish of gift his 1/2 share share in your favour and that point is to be made part of the Mutual Divorce Petition.   When he visits India to file mutual consent petition, he can also execute and register the Relinquishment Deed or Gift Deed.   Otherwise, he can give Power of Attorney to someone in India and POA can get the said deeds executed.

Dalip Singh
Advocate, New Delhi
861 Answers
16 Consultations

5.0 on 5.0

1. Your husband can send you Or to his family member a POA attested from Indian consulate of UK for reliquising his rights from your property.

2. After recieving POA get it registered in Bangalore and execute relinquishment deed by that POA. 

 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

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