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Co-applicants name in sale deed

(Querist) 23 September 2014 This query is : Resolved 
Hello,
Could you please let me know if it is necessary for a wife's name to be present in the sale deed for a house, which she jointly plans to buy/co own with her husband.

Please note that she and her husband are joint applicants for bank loan for that house.
BAALASUBRAMANNYAMM (Expert) 23 September 2014
1. Adding of wife"s name in a registered sale deed is purely a mutual understanding of wife and husband or in case, if wife invests money, she could insist to add her name in sale deed.
2. Even if wife's name is shown in a loan application as a co-applicant, there is no need to shown her name in a registered sale deed.
Rajendra K Goyal (Expert) 23 September 2014
If she want to own the property jointly, her name is necessary.

For Bank loan in joint name the presence of name in property papers is not required.
Sharada (Querist) 23 September 2014
Thank you gentlemen for the response!
1. In order to avail benefits like tax exemption or simply to have an investment for the wife, it is necessary that she Co owns the property right?
2. For the above reasons, while registering the flat in both names (husband and wife) , will it not be a problem if the wife's name is missing from the sale deed?
Devajyoti Barman (Expert) 23 September 2014
1. Yes
2.If wife's name is missing from sale deed then she is no more considered as co-owner of the flat and you would remain the sole owner.
Sharada (Querist) 23 September 2014
Thanks for this as well! :) cheers!


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