• Ownership of flat

My house at Koparkhairne, Navi Mumbai is on my name. I am 73 years. If something happens to me, what will happen to my house. Does it automatically gets transferred to my wife?

What do I have to do to add my wife's name in ownership? I want to know the procedure so that my wife does not have to suffer at all
Asked 7 months ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

- Since ,the said house is registered in your name , then after you , this house right will be devolved upon all your legal heirs equally in the absence of any document . 

- It means that if your wife is only legal heirs and no children then she will become the owner automatically 

- However, to make her single owner of the house , you can write a Will in her name in the presence of two witnesses 

- Further, if you want  to make her legal owner during your life time, then you can transfer the house by way of a registered gift deed 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

If you have not made will and you are a Hindu then it will be transferred equally to her and your children. If your mother is alive then a share will also go to her. You can execute a will or gift half the share to her if you want to. But will is more ideal to save stamp duty 

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

1. Execute a WILL to enable your daughter to get full ownership of the flat after the lifetime of you and your wife.

2.  In case you die intestate (without executing a WILL), then your property devolves equally to your mother (if alive), your wife and to your children.  Assuming that your mother is not alive, then the property would devolve equally to your wife, your son and your daughter, i.e., 1/3rd share each.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

You should execute a will bequeathing flat to your wife and in the event wife predecases  you it should devolve on your daughter 

 

In the alternative you can also execute gift deed in favour of wife 

 

it should be stamped and registered 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

 

Reasons should be mentioned in will why you are disinheriting your son 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

You can transfer the property in favour of your wife and daughter during your lifetime by adopting one of the options given below 

1. By creating a Will in favour of two beneficiaries, the first beneficiary being your wife having life interest in the property but without any rights for alienation, the second beneficiary being your daughter who will acquire the property after the lifetime of your wife as an absolute owner. The only risk is that your son may create legal hassle at the time of enforcement of the Will.No doubt it can be solved through court of law but again one has to run between court and home unnecessarily.

2. By executing a registered gift settlement deed with following conditions 

a) By retaining Life interest on you, then life interest on your wife, without any rights for alienation and then your daughter can acquire the property as an absolute owner by the virtue of the registered gift settlement deed as the third and last beneficiary.

b)  You may note that neither you nor your wife can claim any rights for alienation in the property after execution of registered gift settlement deed.

The second option is recommended because you can enjoy the property till your lifetime without any interruption.

T Kalaiselvan
Advocate, Vellore
90036 Answers
2498 Consultations

You may think about transferring the property by executing a conditional registered gift settlement deed as suggested in my previous post in this regard or consult a local lawyer for any other better idea.

T Kalaiselvan
Advocate, Vellore
90036 Answers
2498 Consultations

Dear Client, the following are the answers to your questions.

What becomes of your house after your death?

Because the house belongs to you and you happen to be Hindu, as per the Hindu Succession Act, if you pass away intestate (i.e., without a will), your wife and children are legal heirs and will inherit the property as per the law. Your wife would not become the sole owner automatically but would have a share along with your children.

How to include your wife's name in ownership now?

The most typical and simplest method is to make a Gift Deed in favour of your wife, giving either full or part ownership in your lifetime. The process is:

  • Prepare a gift deed mentioning the property and share given to your wife.
  • Give required stamp duty (3% in Maharashtra for gift to spouse) and registration charges.
  • Register the gift deed at the local Sub-Registrar's office with the presence of both parties and witnesses.
  • Modify municipal and society records to show joint ownership.
    This makes your wife a co-owner as soon as today, securing her rights and preventing future troubles.

How to make sure your daughter will inherit the property after you and your wife are no longer around?

You must make a Will where you stipulate that upon your and your wife's death, the property shall devolve specifically in your daughter's favour. A Will supersedes intestate succession and prevents quarrels among heirs.

 

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

  1. No Automatic Transfer: After your death, the flat does not automatically transfer to your wife unless there's a will or joint ownership.

  2. To Add Wife’s Name Now:

    • Execute a Gift Deed or Sale Deed (partial) in your wife’s name.

    • Register it at the sub-registrar office with required stamp duty.

  3. To Ensure Daughter Gets Flat After Both of You:

    • Make a Registered Will clearly stating your flat will go to your wife first, and after her, to your daughter only.

    • Alternatively, create a life interest will in wife's favor and absolute ownership to daughter thereafter.

Tip: Consult a local lawyer to draft a proper will or deed to avoid disputes.

 

 

Shubham Goyal
Advocate, Delhi
2108 Answers
16 Consultations

Dear Sir,

It is suggested that you write a WILL giving right to wife annd daughter as per your wish. This will avoid any confustion in future and the property would be secured as per your wish.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Ask a Lawyer

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