• Transferring property from wife to husband

Hi, 
I hv a property in my wife's name. I bought a plot when I was doing my job abroad and could come to India to register the plot in my name. So, I sent my wife to register the same in my name. After that I built a house on that plot and the same was also in her name. My wife is a housewife and has had or hv no independent income. Can I transfer the property in my name? What's the procedure? Or can she claim the property and give it to anybody she likes?
Asked 5 years ago in Property Law
Religion: Hindu

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16 Answers

1. See presently wife is owner of the plot and she may freely transfer same. You may ask your wife to register the house and plot in your favor vide registered gift deed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

- As per Section 2(9)(A)(b) Exception (iii) of the Benami Transactions Act., It is legally permissible for a person to purchase an immovable property in the name of his spouse from his known sources, and in which position, the property purchased will not be a benami property but the property will be of the husband and not of the owner in whose name title deeds exist, 

- Further, as per Delhi High Court, a man will retain the ownership of the purchased property even if it is bought in the name of his spouse, if the purchase has done through known sources of income. 

- Since the said property is in the name of your wife, but it is purchased from your fund,then you can claim full ownership right of the said property , after filing a suit for declaration and Permanent Injunction before the court, for getting ownership and restrained her to sell the property . 

- However, if she wanted to transfer the said property in your name then by way of a registered gift deed she may transfer the same , otherwise on refusal you adopt as i mentioned above.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If you have property purchased by you in wife name. Then she can do anything with that property. If you need to object you need to file a suit for claiming the flat purchased from your funds

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. IF there is a dispute with Wife, THEN you can documentarily prove that you financed the property AND that Wife did not have financial resources to purchase the property, THEN you can file a suit in the Local Civil Court, for declaration order and have your wife's name deleted from all records and registers and have it transferred in your name.

2. IF there is NO dispute with Wife, THEN Wife can simply execute a Declaration Deed that you financed the property AND that Wife did not have financial resources to purchase the property, and now wishes to Gift or Relinquish any & all rights in your favor.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Wife should execute registered gift deed in your favour 

 

if wife refuses you can file declaratory suit that you are absolute owner of property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Since the property is stood wholly in the name of your wife, she alone is to be treated owner of this property. 

2. Now if you want to become its owner then your wife will have to register a gift deed in your name. 

3. If she doesn't agree I regret you can't do much. 

4. In the meanwhile she is free to sell or transfer to any person of her choice. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If you want to transfer the property to your name then she has to transfer the same by executing a registered gift deed in your favor. 

If the property continues to remain on her name itself then she can sell the property to anyone of her choice. 

Even though you have fully funded for the purchase of the property,  since it is registered on her name,  she would be considered as an absolute owner of the property with clear and marketable title. 

Therefore she doesn't have to obtain your permission or consent to sell the property. 

Hence you may get it transferred to your name as early as possible to protect your interests in the property especially if there may arise any matrimonial dispute at a later stage. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Since u r d one who has contributed for buying d plot & building it, the right to acquire it will b yours. Actually buying d property in d name of ur wife is actually a benami property.  Therefore she actually dosent have any right to sell or transfer d same. If she does so u can claim as you have payed all d money. 

2. U can certainly transfer it in your name if you have doubts about d house being sold. 

Sital Patil
Advocate, Kota
139 Answers

Claim.....She is the Owner....

Get it via gift deed

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Since the property is registered in your wife's favour she can execute a gift deed in your favour to transfer it to you.

2. As long as she is the owner of property she can alienate it to anyone else.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Assuming that the property is in the joint name of you and your wife, she can either gift her share in the property in your favour by registering a Gift Deed or executing a registered Release Deed relinquishing her share in the property in your favour, in the jurisdictional Sub Registrar's Office.

 

However, since her name has also been shown as one of the joint owners, alongwith your name, she can claim the property and do anything with her share in the property, including giving it to anyone.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Either she have to execute gift deed in your favor, as the sale deed is on her name or if she is not agree than have to file declaration suit in court to declare you actual owner.

She have no claim but in documents, she is owner, so have to obtain order from court.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

your wife should execute gift deed or release deed in your favour. it should be duly stamped and registered. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. If the plot has been registered in your name then the construction made hereupon is also will be owned by you.

 

2. Your wife can transfer the property in your name by registering agift deed in your favour.

 

3. If she refuses to do so, the you shall have to file a declaratory suit praying for a declaration that the said property belongs to you since you have paid the entire consideration when your wife had no earnings with a direction upon the Register to register your name as the title holder of the said property by deleting your wife's name.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You can get the property transferred standing in your wife's name to you in following manner:

- Through Sale Deed.

-  Release / Relinquishment Deed.

- Will.

- Gift Deed.

Better and cost effective option is Gift Deed.

Get the Gift Deed executed and same has to be  registered after paying stamp duty and registration charges.

There are chances of your wife giving property to any one.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. Yes you can transfer the house to your name.

2. Your wife can execute a Gift deed in your favour.

3. She don't need to claim the property it is already on her name and she is absolute owner of the property, so yes she can sell or gift it to anyone she wants to. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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