• Husband is allotted a MHADA property, can the non-resident wife be added as a joint owner?

My husband, a resident of Maharashtra for the last 30 years, won the lottery of a MHADA property in Pune on his name.The payment and registration of the property are yet to be done. During the registration, can I(wife) also be added as a joint owner of the MHADA property, even if I have not resided in Maharashtra for the last 15 years, but would like to contribute half the amount in purchasing the property?
Asked 3 years ago in Property Law
Religion: Hindu

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10 Answers

If its allotted to him it cant be added at first instant but later it can be gifted to you in 50 percent proportion by husband. If its applied jointly then it can be registered jointly

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

What were terms and conditions of allotment ?kindly clarify 

Ajay Sethi
Advocate, Mumbai
94731 Answers
7536 Consultations

5.0 on 5.0

If there is lock in period of 5 years no third party rights can be created 

 

in other words gift deed or sale deed cannot be executed during lock in period 

Ajay Sethi
Advocate, Mumbai
94731 Answers
7536 Consultations

5.0 on 5.0

Wife has full right to be added as joint owner of MHADA flat. The right of wife does not depend on her resident in Maharashtra, she is entitled as wife not as resident. You can join the property as coowner. There is not restriction on transfer of property as gift and no minimum period, it can be transfer at anytime even before five years.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

 The property is allotted to his name and not on joint names, hence you may not be permitted to be a joint owner to the property allotted to him.

 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

Those who own flats MHADA flats are allowed to sell/transfer  their units only after five years from the date of purchase. 

Also, buyers should know that there is a lock-in period for five years for the buyers during which they cannot sell the flat but can rent it out to earn rental income.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

Dear Sir,

1. You will have to create a deed altogether as joint owners then get it registered at registrar office and that can easily add your wife as joint owner of property, it doesn't matter if you are residing in Maharashtra or not.

2. In that sale deed you can also decide at what the ratio you both will be co-owner.

3. You can gift the property any time when it gets registered there is no such bar of 5 year completion necessary.

4. You just have to make a gift deed in the name of you wife and the absolute right over property will be transferred.

Thank you

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

will depend on the terms of the allotment

if the allotment terms are silent on this aspect then i do not see any problem particularly when the transfer of 50% is to the spouse without any consideration and not to a third party against consideration 

Yusuf Rampurawala
Advocate, Mumbai
7515 Answers
79 Consultations

5.0 on 5.0

- Since, your husband has won that property by way of lottery in his name , then you cannot be joint owner for the same. 

- However, this also depends upon the terms and conditions mentioned in the agreement paper of the MHADA.

- Further, after getting registered the property and after completion of 5 years , your husband can gift you 50 percent share of it , after executing a registered gift deed in your name. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

yes once if its registered you can gift the same after the tenure of 5 years (ownership flat) and 10 yrs for SRA or even if you execute a gift deed it will be valid after the said period

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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