• Buying site on my name and then doing joint registration with my brother who is already married

Me and my married brother are planning to buy a plot jointly in Bangalore but the seller (BDA) is not allowing to do joint registration with my brother because he is married. So I want to pay for and buy the plot on my name now. After this, is it possible for my brother to pay me half and register the plot jointly with me and my brother? If so, what is the process to do that? How can I legally accept money from my brother later?
Asked 3 years ago in Property Law
Religion: Hindu

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35 Answers

Being married is no reason to refuse registration in joint name. This is idiotic and illegal excuse.

This way you have to extra stamp duty. Challenge the refusal before DIG stamp. Tell them to provide refusal in. writing. Sale deed will execute in joint name only.

is it possible for my brother to pay me half and register the plot jointly with me and my brother? - Same thing and extra stamp duty. No at all advisable.

 How can I legally accept money from my brother later? -- You can execute in sole name and at the same time brother should pay half. Mention this in sale deed. 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

i find it very weird why BDA has a problem against a married person being a joint owner

anyway you can buy the plot in your name and have the registration done

thereafter you can sell 50% undivided share in the plot to your brother under a registered a sale deed

this way you and your brother would become co-owners of the property

but if you transfer the plot or a part of it within 3 years of its purchase, then whatever consideration you receive from your brother for sale to him of your 50% share, will be considered as your short term capital gains and you will have to pay tax on it as per the income tax slab you fall into

also you need to check if there is any restriction imposed by BDA against the allottee from selling the plot or a part of it

another way would be by transferring your 50% share to your brother by a registered gift deed [which does not have any consideration and hence there will not be any capital gains]

the brother can later on transfer the money for the 50% share in the plot to you which will be considered as gift in your hands and will not be taxable u/s 56 of the income tax act

however please do re-confirm the above with a competent chartered accountant 

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

Dear sir/ma'am,

I don't get it why the seller has a problem with yobur brother being married. There is no legal impediment in jointly registering the property in the name of the buyer who is married. 

If you pay for it now, it is indeed possible to later register the property jointly with your brother by either executing a registered sale deed or gift deed in respect of half portion  (divided or undivided) of the property, however, you'll end up paying the stamp duty and registration charges twice. 

Money can be accepted by cheque or partly by cash and cheque. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

You can later execute sale deed in your brother favour for 50 share in plot 

 

Sale deed should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Once you buy this property in your own name you alone would be considered as its lawful owner. 

2. Later on you can transfer this property to your brother at any point of time by a registered deed of gift. 

3. However such transfer would entail stamp duty and registration fees. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. It is surprising that the BDA is not allowing you to jointly register the sale deed along wuith your brother for the reason that he is married.

 

2. There is no legal logic/ground for the said refusal.

 

3. You an take this matter to the higher officials of BDA.

 

4. However, you can buy the plot and sell or gift 50% undivided share of the said property by registering a deed of conveyance in his favour by taking the consideration on record or out of record as the case may be and in that case both of you shall become the joint owners of the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Since the seller is not allowing the joint purchase, you may have to buy the property on your name by a registered sale deed on your name first.

After that you can transfer half share to your brother's name by executing either a registered sale deed or a gift deed in his favor after which he can become a joint owner of the property along with you.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. After BDA executes Absolute Sale Deed in your favour, obtain Khata for the property in your favour by mutating your name in the revenue records.

2. Then opt for bifurcation of Khata and sell the half portion of the property to your brother.

3.  In this way, you can receive money from your brother for the plot.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

In case of  purchase of property in joint names of family members i.e., with blood relative excluding spouse. It is better you to check the legal implications. It is not that, you should not buy with your mother, father, brother or sister but beware of future legal implications. It is sensitive subject.  

You can purchase the property in your name, and thereafter, you can alienate part of it legally by executing appropriate document i.e., sale deed 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Once the sale deed has been registered in your name, can execute a gift deed in your brother's favour gifting him half of the property. Also, you can execute a release deed in favour of your brother if you are accepting money from your brother.

In both cases, the deed needs to be mandatorily registered after payment of requisite stamp duty.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Yes it's possible but there is no harm in joint registration. There is no law such

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

- There is no such law in India , that a joint registration cannot be done with a married brother , and such dictates of BDA is against the law.

-  You can lodge a complaint against this instruction against the BDA before the Registrar , and higher official . 

- However, if you will purchase this property in your name , then later on can be transfer in the name of your said brother after executing a Gift deed for half share in the property. 

- However, it will attract stamp duty & registration charges for the registration of Gift deed. 

- Once you will purchase the said property in your name , then you will considered as sole owner of the property . 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

I don't understand, are you saying that your brother cannot own any property in partnership because he is married!! 

I don't think this is the law.

If it is then you may go ahead with your plan. You brother can pay you in cash.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

1. See your seller is wrongly objecting registration in name of your brother if he is paying half of the amount. 

2. After registration in your name you can register 50 per cent share of the flat to a brother by registered sale deed and can receive the amount from him. You have to pay stamp duty and registration fees on the sale amount. 

3. See ask your seller to register in joint name to save the stamp duty and registration on the later transaction. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hi, you can register a sale deed later in favour of your brother or a gift deed can also be made to avoid Stamp charges 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

after registration you can execute gift deed or sale deed in favour of your brother. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can simply sell him half portion. That makes you both the owner each 50% in that property 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Client,

Yes, your brother may transfer half of the property in the name you by way of transfer deed or gift deed.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Ask him to send cheques or via neft.

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

Yes you can transfer half of your property as gift deed or sales deed to your brother after purchase of property.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested that you may very well accept the money from your brother and enter into a sale deed of selling 50% of the share in the property.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You have to pay stamp duty and registration charges if you execute sale deed for 50 per cent share in property 

 

it cannot be avoided 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

 Execute a registered Gift Deed for 50% share in the property to your brother in the jurisdictional Sub Registrar's Office. The stamp duty amongst blood relatives is only around Rs. 5000/- only.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

- You can register the said property in the name of both brothers for saving double stamp duty. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

You cannot avoid stamp duty while registering the property either on your name or on both the names at a time or at different times.

The procedure has been explained to you, now it is you who has to decide how to proceed.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Transfer of half ownerhsip will attract stamp duty.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Ok

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

You can execute a Gift Deed in the  name of your wife which will be attracting minimal stamp duty and registration charges.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Gift Deed registered in favour of blood relation will attract nominal stamp duty.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

There is no way to avoid paying stamp duty, but it can be reduced. 

Hire a lawyer for the same.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

No there is no way to evade stamp duty at the time of transfer of share because every transfer need to be updated in the govt revenue records and this is be done only by payment of requisite stamp duty

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You may request the seller to directly register in favour of both of you. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

To save or avoid(Depends on state where property is situated) stamp duty and registration charges you can execute Gift deed. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Stamp duty and registration charges cannot be avoided.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Stamp duty cannot be avoided.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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