Wisdom (Manager) 10 November 2012

Sale deed - addition of name

Dear Experts,

I have acquired a Property Solely in my name by executing a Notarized Sale deed, POA and Affidavit. However I am not in a position to handle the affairs of the same personally, hence I need the Electricity meter, Ration card in my wife's name which is not in any of the documents.

What are the options of adding my wife's name now?

1) Executing a Sale deed (50%) with my wife will suffice?

2) A Gift deed if executed, will it make the property non Transferable later?

Please adivise other suitable options.

Thanking in Advance

Wisdom

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3 Replies

D.V.RamaKrishna (Advocate) 10 November 2012

Wisdom,

Take note of the point that you yourself have not acquired any valid title to the property as the sale deed through which you have acuired the same is not a registered one. As per law any transfer of immovable property, to take effect and have validity and sanctity, shoud be only through a registered sale deed.

So to make your title perfect get the sale deed executed in your favor through registered sale deed. Until and unless you do so you do not get right or title in the property so as to convey the same to another person, be it your wife or any other person either by gift deed or sale deed whatever it be.

D.V.RamaKrishna Sarma,

Advocate, Hyderabad.

Wisdom (Manager) 10 November 2012

Dear Ramakrishna,

Well noted your feedback and agree with the same. However in Mumbai there are many properties which cannot be acquired through registered deeds, and hence are transacted through notarized deeds till proper title clearance. These deeds are even recognized by Govt. offices for the mentioned purposes.

I just need your suggestion on the issue of the best option for addition of name to the same.

Await your feedback.

Wisdom

Chirag Bhatt (Lawyer Gujarat High Court) 11 November 2012

A Notarized Sale deed is not a valid in the eyes of law. its illegal as per Section 17 of the Registration Act 1908, You have to compulsory get your property registered if the consideration of your property is of 100 or more than 100 Rs. This is national law Mumbai is not at all excluded from it. So no question of additional name in it.