• Can I be a registered co-owner before marriage?

I am talking to a girl regarding marriage in India. She is buying a flat in Delhi NCR and she has already made a few lacs of downpayment towards the purchase. Her proposal is the following. A guy should pay the remaining (say Rs 30 lacs) and become a share-holder on the flat. Her claim is that only one person can be a registered owner (I don't buy this statement). According to her, she can include that person only as a co-applicant but not in the registered owner. She is trying to make it sound like a good deal because she is claiming if a guy marries her, he will also become a co-owner of her other assets. She is supposedly inheriting Rs 1.25 CR (from two other flats in India). I don't doubt this claim of hers.  

My counter-proposal to her. I will invest money only if I am a registered co-owner.  To make it fair, I am willing to become a co-owner (with proportionate ownership according to investment). I am really not interested in her collateral assets now nor will I be in future. 

I want to know what I can do legally here to secure my unsecured investment ?
Asked 2 years ago in Property Law from United States
Religion: Hindu
1)you are being taken for ride by the girl 

2)if you are paying RS 30 lakhs for purchase of flat your name should be reflected in sale deed as co owner . 

3) your interests are protected if in the sale deed your name is reflected as co owner 

4) however dont make any investments now . you  dont know her nature. after marriage she may change her colours 

5) you would have to file suit for partition for division of property if you want to sell your share 

6) keep your money in mutual funds or other investments in your name only . 

7) stay in rented flat after marriage for some time then take the call 
Ajay Sethi
Advocate, Mumbai
46766 Answers
2767 Consultations

5.0 on 5.0

1. A co-applicant is not a co-owner. These are two different concepts. There can be any number of co-owners of a property. 

2. It is for you alone to decide whether to accept or reject her proposal. To secure your investment you can execute a flawless sale deed with the seller which unambiguously delineates your share and other rights in the property. 
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

1) If you act according to her proposal and invest into the flat your investment will certainly be unsecured unless you enter into a separate contract/agreement regarding the investment to secure your contribution to the purchase being made.

2) Ideally the the flat must be registered in joint name whereby you both become equal owners of the flat.

3) You don't become a co-owner of the assets of your wife. This is a misconception. If your wife dies intestate you will inherit a share. While she is alive you have no rights on any of her assets.

4) It would be worth entering into a pre- nuptial Agreement with your future spouse so that you can chart out all the terms and conditions regarding the assets and liabilities and thus avoid all confusions and allay your fears of investment being unsecured.
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

1. Your understanding is right,

2. It is not true that properties can not be registered in joint names,

3. It will not be prudent on your part to put your money in the properties whose title will not be registered in your name.
Krishna Kishore Ganguly
Advocate, Kolkata
18772 Answers
453 Consultations

5.0 on 5.0

Are you interested in marrying her or in getting her properties?,  This does  not appear to be a marriage  proposal, instead  a business deal or partnership business or she is luring you to some kind of trap. 
If at all are  you interested in buying a property in India, look for the proper ways meant for it instead of taking a route of marriage for accumulating immovable assets. 
In my opinion this is not avery good sign either for marriage or joint venture business. 
T Kalaiselvan
Advocate, Vellore
36925 Answers
403 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer