Co-owner in my husband's house and land
My husband has bought a land and built a house on that land. he has taken a loan for building the house. (Land Purchase loan is closed). and in bank documents my Mother in law is the co-owner of the house. so i want to know the procedure to become the co-Owner of the house and how much is it going to cost.
My husband has told me that it will take a sum of 50-60 thousand and the we have to renew our house insurance in next 3 years, so he will put my name as the co-owner and for time being he will make a will for his house and land that if something happens to him, it will come to me. is it the right way to do it. please suggest
And I also need help in knowing what if some mishap happens and he has not made any will or power of attorney, who will be the legal owner on the house and land. and as its in Kerala (I am a north Indian) most of the documents are in Malyalam, which i cannot read or write and they are with my inlaws. please suggest
Asked 3 years ago in Property Law from Thrissur, Kerala
1)as on date your husband is co owner of the house . he has 50%share in the said property .
2) your husband/ mother in law can execute gift deed in your favour .
3) it would attract stamp duty as well as registration charges . actual cost would depend upon market value of the house as well as stamp duty charges levied in kerala
4) will is the best option . your husband can bequeath house to you under will . sign the will in presence of 2 attesting witnesses . no stamp duty is payable on will .
5)in event your husband dies intestate ie without a will his 50%share would devolve on you , your mother in law . i presume you dont have any children .
1.first get executed registered release deed by ur MIL in ur favour so as to get 50% share in said property and become co-owner.
2.second, ask ur husnand to execute registered will in ur favour regarding his 50% share of said property to you.
Advocate, New Delhi
1. Your husband and mother-in-law are the co-owners of this property. Each one of them has a 50% indefeasible share therein.
2. For you to assume co-ownership of this house either your mother-in-law or husband has to relinquish his/her share in your favour. Alternatively, either one of them may make a git deed in your favour, whereupon you will become the co-owner of the property.
3. Stamp duty according to the prevailing market rate will have to be paid at the time of execution of the deed.
4. Another option is for your husband or mother-in-law to make a will in your favour, but the will does not take effect unless after the life time of the maker.
5. If your husband dies without making a will then his widow, children and mother will succeed to the property in equal proportions.
1) You are already a partner of 25% of the said property. However, in situation you want to be equal partner either your husband or your mother-in-law must relinquish their share for you. If you just want to replace your mother-in-law in the property she can execute gift deed in your favour and in that case yes, your husband is right that you will have to pay stamp duty as well as registration charges.
Therefore, if you fear that you don't have ownership in the home, you are mistaken. If you wish to change the share of ownership then it's alright to pay stamp duty and registration fees and get half of it or stay contented that it's already your property.
Advocate, New Delhi
For you to become a co owner in the property either your husband or the mother in law has to give up their share in the property in your favour as they both are equal shareholders in the property.
Either of the party can also make a gift Deed in your favour and if your husband is making the gift deed the registration and stamp duty will be comparatively less as you are his wife.
The stamp duty depends on the market value of the property and hence what your husband advised you seems right.
Yes,your husband can make a will in your favour to bequeath the sare of his property to you and it will come to you upon his death..In case your husband dies without making a will the shre of his property will equally devolve on you his mother and your children if any.
IF the documents are in Malayalam and you fail to understand the contents take a copy and consult a lawyer in Thrissur who can translate it or explain to you the contents.
A. Your Mother in Law has to be execute register relinquishment deed in favour of you.
B. Your husband can make a will in favor of you, but it will be effected after the death of your husband and the same will can be revoked at any time from your husband in his lifetime. After the death of your husband that 50% share would be transferred to you. In case if he dies intestate (without a will) property would be devolved wife, children and mother i.e., class I hers.
C. Contact local lawyer to scrutiny of the documents due to language issues and to know the expenses with respect to execution of relinquishment deed in your city due to expenses is variable to one state to another state.
1. Your husband is the owner of 50% of the property and the balance 50% is owned by your MIL,
2. There are two ioptions to make you also the co-owner of the house & the first is to execute and register a Gift Deed in your favour by either your husband or MIL or even both can gift part of their shares to you by executing two seperate gift deeds. In place of gift deed, it can also be release deed, relinquishment deed, settlement deed etc. and all such deeds will require stamp duty to be paid at the time of registration,
3. Your husband and MIL also can execute an Will bequeathing their share of the property in your name after their demise,
4. In case your husband dies without executing an Will, her property will be equally distributed between yourself, your MIL and your children.
The property is owned by your husband and MIL equally. Relinquishment deed can be executed by MIL in your favour so as you will be having 50% share therein.same way your husband can do in your favour if he and you both so desire or he can bequeath his 50% in your favour by way of Will which is always open to challenge by non-beneficiaries.In case he dies intestate then his share would be succeeded by you,MIL and your children equally.
Advocate, New Delhi
as experts already suggested you have options of getting a gift deed in your name or a joint WILL by both parties your husband and his mother if she agrees . it will secure 100% right in the property. The registration is not compulsory but it is advised to do so to rule out the possibility of any future trouble. to transfer the land and house
if your husband wish to transfer the 50% of his mother share in your name if he can get a gift deed made in your name, so you both will be so joint owners.
Get the help of an advocate for this purpose. If you need further help with knowing what is the content of the document written in Malayalam you can get back to me , call or mail.
To become a co owner you can ask your husband to gift undivided share of the same in your name or to make a registered will. If you need to know the content of the malayalam document approach me as I am in kerala and knew malayalam well. You can approach me or call me via phone consultation for any queries