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Kanta Malini M N   13 July 2023

How to include wife as flat co-owner when she has paid emi?

I would like to make my wife co-owner for my flat since she has been paying EMI for the last 14 years.  Now I want to give her Tenancy by Entirety (TBE) type of ownership.  Can these EMI payments be used to create a Sale deed giving her Tenancy by Entirety. To be clear I don't want her to make another payment for this sale deed since she already put in the money to the house. Will a sale deed be valid without a payment of price?


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     13 July 2023

For certain states, Tenants by Entirety (TBE) is a system by which married couples may hold the title to a house. For one partner to change his or her interest in the property in some way, it requires the consent of both the spouses in full. It also specifies that the surviving partner shall gain full ownership of the property if one partner passes away.

TBE form of ownership is exclusively for property shared by legally married individuals. The right of survivor also operates in full in the case of the tenancy. In the event of one's death, their value is passed on automatically to another.

Since the property is on your name alone by the registered sale deed, you can transfer a portion or half of the property on her name by a gift deed , which will enable the desired TBE 

Sourav Das (Advocate Supreme Court of India)     14 July 2023

Gift 50% of share to her. 

As you are husband-wife, registration of gift deed will be minimum around rs 1100 to 1500, depending on state you live.

Kanta Malini M N   14 July 2023

@ T. Kalaiselvan 

Tenancy by Entirety (TBE) ownership :- When you say "For certain states", is it valid / applicable within Karnataka?


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