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Vinod (Sr. Manager)     05 September 2015

Adding spouse (wife) name to the property as joint owner


I would appreciate a clear and candid picture on how to add wife's name in to the property.  The property is under housing loan too.  As per the research one option is to have a gift deed registered, but what would happen post the death of the husband, will the remaining portion of the ownership get transferred automatically to wife (assuming the gift deed is registered 50% each). 

Please let me know the best possible way to add the name.  And also since the property documents are with the bank (due to housing loan), how do one proceed.

How does a WILL differ from the above. Which is more advised, to ensure smooth transition either the other half of the 50% after death of the husband or WILL is the safest?






 3 Replies

niranjan (civil practice)     05 September 2015

Since the property is under encumberance,you cannot transfer your right in the property without permission of the bank.

saravanan s (legal advisor)     05 September 2015

once after the loan has been paid you can make a gift deed for 50% of the property to your wife.the remaining 50% will devolve after your death in either of these two ways

1.if you die intestate the class 1 legal heirs namely your mother,wife and children will get equal share out of the 50% that was on your name. can also write a will for the 50% property on your wifes name

Vinod (Sr. Manager)     11 September 2015


Apologies for late thank you message. I really appreciate your inputs. It indeed helps to understand the legalities correctly. 

Can yo confirm if making a WILL stands good? Is it legally binded in all respects. 

Appreciate your expert guidance.

Best regards




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