90,000+ Legal Questions Answered

Transfer of my ownership right in joint property to my mother Transfer of my ownership right in joint property to my mother

2 years ago

Hi
Me and my brother are joint owners of a flat in Pune. We are jointly paying the home loan too. My query is- Can I transfer ownership of the flat to my mother so my mother and brother are the new joint owners? I have been transferring my share of home loan EMI to my brother. After I get out also, I can continue paying my share of the home loan EMI to my brother as my mother has no income. Is this legally possible? If yes, what is the procedure? Please advise.

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.You can very well do so and legally there is no problem at all but there might be problem with the bank end as they may not be eager to change it from your name to your brother's name since it would mean more financial risk for them.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 2 years ago

A.you can make gift of your portion to your mother but in loan agreement there must be a clause that during subsistence of loan that neither you nor your brother can transfer or alienate any portion of property to any third party. Check your loan agreement
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 2 years ago

A.Yes you can make gift of your portion to your mother but in loan agreement there must be a clause that during subsistence of loan you nor your brother can transfer or alienate any portion of property to any third party. Check your loan agreement.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir
With the consent of the bankers you can change ownership as proposed by you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aap apni mother ko dwara registrar sale deed ownership transfer kar sakte hai. Or yadi EMI apke dwara di jaati hai to koi objection nhi hai.
Please rate mya answer
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.hello,
You could transfer your share in your property in your mothers name. Also to add a new co-owner, the bank would have to create a new home loan agreement, which must be registered after paying the due stamp duty and registration charges. Also for further regarding loan contact your bank from which you and your brother took loan. Regarding transfer of ownership, you have complete right to transfer ownership of the property.

Thanks
if you find this review helpful, please rate.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello,
You could transfer your ownership of the flat to your mother. In order to do that transfer all the shares in your name to your mother's name.
If you find this review helpful, please rate.
Thank you
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconInheritance Rights Dispute Over Mothers Property in Bengaluru
Dear Client, A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. After t...
question iconEWS Certificate
Dear Client, The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
question iconPOA from SriLanka to India citizen Resident Indian
Dear client, If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
question iconDarkast agriculture land sale
Dear Sir, If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
question iconMutation of property in authority records based upon registered gift deed
Dear Sir, Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.