Property transfer from husband to wife
MrsParvati
(Querist) 07 December 2016
This query is : Resolved
Dear Team,
I would like to know the process of transfering our home from my husband to wife along with the people I need to contact. Also how long will this take? Thank you.
Kind Regards
Pravathi
Kumar Doab
(Expert) 07 December 2016
The husband is alive or not?
It is believed that you are Hindu.
Confirm!
MrsParvati
(Querist) 07 December 2016
Yes I am Hindu you are correct. Since husband has shifted from Bangalore the his village to take care of his old parents unexpected health reasons and wife is in city due to kids education (cant shift anywhere immediately anywhere).
Kumar Doab
(Expert) 07 December 2016
Options are:Valid and registered: Gift/sale/relinquishment/release deed etc.....
Kumar Doab
(Expert) 07 December 2016
Your local counsel specializing in revenue/property/civil matters can help you.
Guest
(Expert) 07 December 2016
You don't enjoy any authority to transfer the property of your living husband in your name, unless he voluntarily transfers to your name.
You may better ask your husband, if he is willing to transfer the property in your name. If willing, he himself can contact some local document writer or a lawyer to get the transfer of property in your name.
Guest
(Expert) 07 December 2016
A Settlement Deed Executed by Husband to your Favour would Legally entitle you as Owner and Cost wise very Less Compared to Other Documents.The Parent Documents should be with you always.Consult a Senior Document writer at Concerned Registrar Office.
MrsParvati
(Querist) 07 December 2016
Dear Dhingra Sir,
He is willing to transfer but is in no state to travel frequently as he cant leave his parents. His parents do not have anyone else who can take care of them and neither they are in state to come and stay in city. So does power of attorney from my husband help in such cases? Or is there any other way ? As reaching out to Document writer and having discussion , processing may take time. Also he has to keep someone there and travel based on their health condition, which sometimes maybe be difficult.
Guest
(Expert) 07 December 2016
A Power of Attorney Could be Executed and Registered at your husband's present Place In your Favour and you your self could get the Registration done in your favour.Still I am advising you a Settlement deed would be Very less Cost for you.
Kumar Doab
(Expert) 07 December 2016
Mrs. Parvati,
Reaching out to Document writer local counsel and having discussion , processing does not take time.
They are available after usual office hours as well.
After all discussions with local counsels your husband and you can decide the most suitable option.
Mr. N.J.S.Rajkumar has reiterated upon Settlement deed.
Your husband and you can decide the most suitable option as per facts of your need ,....that can not wait.
Rajendra K Goyal
(Expert) 07 December 2016
Husband can gift the property to wife. In most of the states, stamp duty on family transfer is negligible / nil.
Get the deed prepared at the place where the property is situated, your husband can execute and get it registered. Procedure may not take more than 1-2 days.
Guest
(Expert) 07 December 2016
Dear Mrs. Parvati,
You cannot expect transfer of property to your name without your husband going to the registrar's office, getting the documents prepared with reference to the existing property documents, appearing before the Registrar and getting the transfer documents registered in your name, irrespective of whether by settlement deed or by gift deed or to give you power of attorney. It is merely one day's job, not involving frequent traveling by him, as you assume.
About your statement, "Also he has to keep someone there and travel based on their health condition, which sometimes maybe be difficult," does not seem to be justified. Can't you or your children spare one day to take care of his parents or hire services of one nurse for one day for that purpose, if condition of his parents is so serious, but not admitted to the hospital?
But, the question arises, if the condition of his parents is so alarming, why you are in a hurry to get the property of your husband transferred in your name right now, when he can't go anywhere by leaving his parents alone? Why not wait for his parents to get recovered, so that he may spare time to transfer property in your name?
Advocate. Arunagiri
(Expert) 07 December 2016
Wife has to wait till the husband gets time for registration process.
Guest
(Expert) 07 December 2016
Director Arunagiri of Gemmia Oil Tech Ltd How Long the Innocent Share Holders who had Lost their Money To the Tune of Rs 900 Crores in your Company which is Suspended for Illegality Should WAIT to get their Money Back Please.
MrsParvati
(Querist) 08 December 2016
I appreciate the suggestions of Rajkumar , Kumar Doab and Dhingra.
Dhingra Sir, its not we sparing time but his parents do not want us. Also we are thinking to move back to nearby city to husband's village and let out our property. If we let out property there is need to have agreement for tenants. So there are some personal interlinked problems which cant be written in long mail.
Objective is that he can travel less compared to me.
However suggestions were good. Thank you all.
Guest
(Expert) 08 December 2016
When you say that you have been almost deserted by your husband If you Leave the House which in your Control your husband can do any thing with it and he could even sell it with out any information to you.Better for the sake of your Children take Steps to Transfer the Property to your Names.
Kumar Doab
(Expert) 08 December 2016
You are welcome.
Guest
(Expert) 08 December 2016
Since as per your latest statement, "there are some personal interlinked problems which cant be written in long mail," you are advised to take help of some local lawyer after discussing the all the existing problems at length with him.
Guest
(Expert) 08 December 2016
Mr.P.S.Dhingra Ji the Author Mrs.Parvati/Mrs Gowri the Issue is the Property is Mortgaged with Bank where the Husband and wife are Borrowers.The Property is in Husband's Name and EMI is being Paid by the Author /Wife.At this Stage the Change of Title of Ownership Can Not be Effected and the Banker will Not Accept it.Better She could have a Registered Power of Attorney in her Favour Now from her husband from which ever Place he is and Effect the Transfer Once the Loan is Cleared.My Reply is based on the Query placed by the Author in the Forum Please.
Kumar Doab
(Expert) 08 December 2016
Probably author has modified her posts.
Since desertion and mortgage is not seen in her posts.
In any case, the author has been advised in detail.
Guest
(Expert) 08 December 2016
Dear Shri NJS Rajkumar.
Thanks for updating me with the facts.
But, the problem lies with the authors when they don't come forward with the real facts and ask vague and baseless questions without giving proper background.
Kumar Doab
(Expert) 08 December 2016
Expert Mr.N.J.S.Rajkumar,
Thanks for posting the full facts in the forum.
The author has been advised in detail, by you, including on interlinked problems.
Guest
(Expert) 08 December 2016
Ms. Parvati alias Gowri N GG,
If the facts narrated by Shri NJS Rajkumar are true, your question, "I would like to know the process of transfering our home from my husband to wife along with the people I need to contact. Also how long will this take? Thank you," is totally baseless and vague in the absence of discussion of complete background of the case.
You cannot get the property transferred in your name till the property is mortgaged, as made known by Shri NJS Rajkumar. You can very well guess the barest minimum time required to be taken for transfer from the date of release of the property by the bank from mortgage.
Kumar Doab
(Expert) 08 December 2016
The author has amended name also from Mrs. Parvati to Gowri n gg.
The facts were shared by Mr.N.J.S.Rajkumar and advised based on facts by Mr.N.J.S.Rajkumar.
Guest
(Expert) 08 December 2016
Thanks to Senior Experts Mr.Kumar Doab and Mr.P.S.Dhingra
Kumar Doab
(Expert) 08 December 2016
Dear Mr.N.J.S.Rajkumar,
You are welcome.
Guest
(Expert) 08 December 2016
You are welcome, Shri NJS Rajkumar.
Rajendra K Goyal
(Expert) 08 December 2016
show all documents to local lawyer and discuss in detail.
MrsParvati
(Querist) 09 December 2016
There are two different problems belonging to different people.
Second problem is related to a couple who have taken joint loan and husband was paying emi. Now husband has lost job and home is on his name and they are not clear if there are any steps to be taken? If Wife has to pay EMI should the home be transferred on her name? Also bank people need to be communicated on the new account details from where EMI need to be taken (especially when an ecs is given)? Since wife's salary is not sufficient to run a family as well as pay EMI, can she include someone else to help her pay the loan? Or can the couple sell the home having loan? If yes what is the process? Is it mortaged and couple need to communicate to bank?
Guest
(Expert) 09 December 2016
Mrs Parvati/ Mrs Gowri Practical Answer to your Last Post is NO.Unless and until the Bank is Ready to Oblige all your Requests
Kumar Doab
(Expert) 09 December 2016
The author has amended name from Mrs. Gowri n gg to Mrs.Parvati again.
Kumar Doab
(Expert) 09 December 2016
Contact lender bank.
Guest
(Expert) 09 December 2016
Ms Parvati alias Gowri,
Your statement, "There are two different problems belonging to different people," clearly reveal that none is your own problem. If the problems relate to two different people, they should come forward with detail of their own problems or can consult some locval experts on the issues.
But, be aware, changing ID frequently and coming forward with different versions of problems may not help you in any way. In fact, you are flooding with vague queries with different versions just to waste yours as well as experts time.
Earlier you seemed to be eager to get the property transferred to your name, but now you have stated, "wife's salary is not sufficient to run a family as well as pay EMI." So, in what way that can solve your problem, if property is transferred in your own name?
You seem to have multiple self-confusing problems of some other persons about which you are also not well versed, which you can get solved only if you discuss in detail with some local lawyer.
However, if there is a problem that pertains only to EMI, the banks are concerned with the payment of EMIs, whosover pays and by which means. Neither there is any need for transfer of ownership of property, nor that is possible till that is mortgaged to the bank.
However, you should know the simple thing, if your husband makes defaults in payment of loan dues, the bank can recover by auction of the property of the defaulter.
Rajendra K Goyal
(Expert) 09 December 2016
If not satisfied with the replies in this section, have option to contact local lawyer for detailed discussion / guidance.
Kumar Doab
(Expert) 09 December 2016
Approach local counsel.
