LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Prashant Singh   05 April 2024

Joint owners of flat

Hello, I have purchased a flat and it is in the name of me and my mother. However, due to arising cases and complaints in the near societies, my mother wants that only I should be the complete owner so that in future, my siblings cannot create any mess for it.

I am paying the entire EMI and the whole amount which was to be paid for this flat.

Please guide. 


 7 Replies

Mr. Sumitra kumar (Advocate)     05 April 2024

Your mother can gift that flat property to you. The gift deed must be registered in such a case.


Thank you.

Prashant Singh   05 April 2024

Thank you for the advice.

So here, the flat property is owned by me and mother. So it is the 50% share of my mother which she will gift me? Did you mean that.

Also do we need to go the registrar office to have the gift deed registered?

Mr. Sumitra kumar (Advocate)     05 April 2024


For more assistance, engage an advocate of your own choice.

Thank you.

Prashant Singh   05 April 2024

Okay, thank you.

Home loan is going on for this flat property.  Can we still gift it? Or any other way ?

Mr. Sumitra kumar (Advocate)     05 April 2024

Yes, you can still gift it subject to the mortgage.


I repeat that engage an advocate of your own choice. Please don't ask for freebies!


Thank you.


T. Kalaiselvan, Advocate (Advocate)     06 April 2024

For getting the entire property, that is the share of your mother in the property to your name, you may have to obtain NOC from bank because the title to the property now wrests on the bank, any transfer of title can be done only after discharge of the entire home loan amount.

Instead you can get a Will executed by your mother bequeathing her share in the property on your name and get it registered so that the litigation if any in future can be challenged accordingly.


Dr. J C Vashista (Advocate )     10 April 2024

Obtain Bank NOC and get a gift / sale deed executed by your mother through a local prudent lawyer.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register