Property related

Dear Sir,
Your concern is absolutely valid. If you want to ensure that the properties (even though they are under housing loan) ultimately belong only to your daughter and cannot be sold or transferred to anyone else (including your husband’s younger brother), there are certain legal options available. The most effective method is executing a Registered Gift Deed or Settlement Deed, through which your husband can transfer ownership of the properties directly in your daughter’s name. However, since the properties are under loan, it is mandatory to obtain a No Objection Certificate (NOC) from the bank before any such transfer. Without the bank’s consent, the transfer will not be legally valid. In the deed, specific conditions can also be included—such as restricting sale or transfer until your daughter attains majority, and appointing a natural guardian (usually the mother) to manage the property until then.

Another option is to execute a Will, where your husband clearly states that both properties should go only to your daughter after his lifetime. However, a Will takes effect only after death and can be changed anytime during his lifetime, so it is not as secure as a Gift Deed for immediate protection. Therefore, a practical approach could be to execute a Will for now and, once the loans are cleared, proceed with a registered Gift Deed. It is strongly advisable to consult a local property lawyer to properly draft these documents with enforceable conditions and ensure complete legal protection.