Re-registration of property

Querist : Anonymous (Querist) 07 October 2010 This query is : Resolved
Sir,
I got married in 2003 and am a housewife. I stay in a flat bought by my husband in 2002(prior to my marriage). It was then registered in my husband and his mother's name. I want it re-registered in my and my husband's name..can you please guide me on the required procedure?

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Amita Chaudhary (Expert) 07 October 2010
could be done only by way of gift deed and for that you would need to pay stamp duty at the same rate as in the case of sale deed.

Querist : Anonymous (Querist) 07 October 2010
Madam... does this mean that my mother-in-law.. will at all times be 50% shareholder of the house?

kindly correct me if wrong..The gift deed would need to be given by my mother-in-law right?

R.Ramachandran (Expert) 07 October 2010
Yes.

s.subramanian (Expert) 07 October 2010
I agree.

Devajyoti Barman (Expert) 07 October 2010
If your mother in law gifts her share then you and your husband become its equal share holder.

Madan Gopal Dasaur (Expert) 07 October 2010
Yes

Daksh (Expert) 08 October 2010
Dear Anonymous,

In the alternatively your MIL can make relinquishment deed in your favour which can then be got registered.

Best Regards

Daksh

M/s. Y-not legal services (Expert) 08 October 2010
Yes. I agree with my friend amita.. She guide you correctly.. You have to get gift deed from your mother in law..

Chanchal Nag Chowdhury (Expert) 08 October 2010
Your mother-in-law will have to transfer her share of the property to U.

SUBRAMANIAN C R (Expert) 15 October 2010
It is not a case of reregistration.
Your mother in law has to transfer her share to you by any one of the mode recognized by law. May be by gift or settlement or sale. In Most of the Stamp Acts differentiate between settlement and gift. For eg: in Kerala, the law as it now stands, settlement is less expensive whereas the gift attracts stamp duty on the same rate as a conveyance. settlement is specifically defined.
subramanian. C.R.
chennailegal@gmail.com
Kerala has amended the Act and now there is no difference