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sanjeev001 (executive)     10 August 2011

Can i transfer flat to brother, we are joint owners

Hello friends,

                      I would lndeed appreciate if you could kindly advice me on the following matter. i have bought a flat on loan through joint borrowing with my younger brother. i am married, and i intend to transfer the entire flat to my brother. hence my question is 1) can i transfer the property in my brothers name whilst the property is still held by the bank, as the loan is still going on 2) if yes, do i have to pay a stamp duty 3) will my getting married affect the deal in anyway. i mean, can my wife also claim a share in the property, or will this affect the transfer in anyway, as i intend to transfer the whole flat to my brother without my wife being party to it. she is not connected in anyway with the property.

Your reply will be highly appreciated. thnks



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 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 August 2011

You can transfer the property by executing the regd., rights relinquish deed in your brother's name, before that you take the permission from the bank  cause loan is in your name.

Your wife cannot calim her share over that property, because she is not enittle to claim.  It is your self acquired property you can dispose off according to your wish.


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