Hello Experts, Core Issue - I have zeroed in on a flat (really really liked it) in a gated society of a reputed builder in Gurgaon. While looking at the documents I noticed that the original purchase and Conveyance deed (registration) of property is by both Husband and wife's name in 2008. However they also presented a Transfer deed done in Feb'2016 where wife transferred her half share to husband. In my 2 trips to seller's house I didn't see seller's wife and he mentioned that she lives elsewhere. He didn't say if they are already divorced but there is definitely not a cordial relationship between both. Other information - Seller now lives with his daughter and mother in the house and he plans to but a bigger property with the proceeds. Question - I am just getting doubtful now if there can be issues later. What kind of checks I should do before going ahead? Also if the Transfer deed is verified from the Registry office would I still have any issues by the court when they go for separation? What can I do to mitigate any potential future issues when they go for separation? Thanks in advance for your help!
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1) if wife has transferred her 50 per cent share by deed duly stamped and registered you should not face any problems
2) husband is free to dispose of the flat
3) check whether NOC of society is obtained or not and that maintenance bills have been paid tilldate
Dear Concerned,
There is nothing called as transfer deed - it is relinquishment deed and any such transfer if has happened through an unregistered document please do not get into this purchase. This transfer should have been registered.
Additionally before buying through a local lawyer at the registrar office check the status of the property ownership at in the records of the registrar and the revenue records.
Best of Luck
1. Has the transfer deed prepared by the wife in Feb, 2016 been registered?
2. If yes, then the husband becomes sole owner of the said Flat having a marketable title.
3. However, get a 20 years Registration Office and Court search and also collect a due diligence report about the said flat from an experienced lawyer having expertise in this field.
4. If there is no encumbrances on the said property, then you can safely buy it by following all the provisions of law and the separation or future divorce of the owner of the flat will have no bearing on you if you purchase the said flat.
5. Make sure that the seller can show you all the original link deeds to prove that the flat has not been kept under mortgage with any Bank anytime by depositing its title.
Follow up question - 1. Registered Transfer deed type is blood relation. My Banker said Husband and wife dosen't have blood relation so its a wrong deed while seller is saying that as per notification from Haryana govt No. 8.0. 62/C.A. 211899/8. 9/2014.- " ln exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 of the Indian Stamp Act, 1899 (Central Act 2 of 1899), the Governor of Haryana hereby remits the Stamp Duty in whole chargeable under the said Act on the instruments pertaining to transfer of immovable property within the family by an owner during his lifetime to any of the blood relations namely parents, children, grand children, brother (s), sister (s) and between spouse" Is that transfer deed (Blood relation) correct or do they need to change the transfer deed? Also what kind of NOC should I seek from builder (property has been registered from 8 years)? Property broker is saying that builder doesn't issue any such NOC. Also owner has a loan on the property which has been paid of with NOC available from bank. Regards, Dheeraj
1) concessional stamp duty is levied in case of transfer of property between husband and wife
2) nomenclature given does not make difference
3) if no society has been formed of flat owners then you don't need society NOC
4) since loan has been repaid bank NOC is not required
5) builder NOC would be required for transfer of flat as no society is formed
1. The title to a property flows from the sale deed thereof. If the wife as a joint owner has released her share to her husband the latter, despite the strained relationship between them, has become the absolute owner of the property. If he has given you the copy of the release deed then carry out a title search in the office of sub-registrar to ascertain if the release deed is indeed executed or not. The understamping of the deed reduces it to waste paper. Without a perusal of the document in question it is not possible to advise.
2. Separation has no nexus though with their proprietary rights.
1. Your husband is not related to you by blood. So, he has no blood relationship with you.
2. You can get a rectification deed registered correcting the said mistake made while registering the said property.
3. Since you have registered the flat 8 years back, the existence of the builder is not coming to the picture at all at this stage for which you will require no NOC from the builder for mortgaging the said flat with the lending Bank.
Question - I am just getting doubtful now if there can be issues later. What kind of checks I should do before going ahead? Also if the Transfer deed is verified from the Registry office would I still have any issues by the court when they go for separation? What can I do to mitigate any potential future issues when they go for separation?
If the wife has transferred her share in the property to her spouse's name by executing a registered gift deed or settlement deed or sale deed, then it would be safer for you to buy the property.
Have you not obtained a legal opinion by producing all the documents in your possession before a local lawyer, if not do it so, get satisfied about its genuineness and then proceed with the option feasible.
Is that transfer deed (Blood relation) correct or do they need to change the transfer deed?
The clause quoted by you clearly indicates 'and between spouse' that it i very much valid.
Also what kind of NOC should I seek from builder (property has been registered from 8 years)? Property broker is saying that builder doesn't issue any such NOC. Also owner has a loan on the property which has been paid of with NOC available from bank.
The seller has to get NOC from the land revenue department as well as from the bank which settled loan on property.