Subhranil Barik 10 November 2022
A person purchased a 3 BHK flat in October, 2020 at Kolkata.. After that she donated 25% of the property to her husband by executing a gift deed in January,2022. What is the status of the husband - Co-owner or Part-owner? Who will have the voting right and right to file nomination in association election ??
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 July 2025
the husband becomes a co-owner of the property. Under Indian property law, when a portion of ownership is transferred via a registered gift deed, the recipient gains legal ownership of that share.
So, even though the wife retains 75% and the husband holds 25%, both are considered co-owners with undivided rights over the entire property.
🔐 Regarding voting rights and nomination eligibility in the apartment owners' association: Most housing societies follow the “one flat, one vote” rule, regardless of the ownership percentage.
If the flat is jointly owned, the person whose name appears first in the share certificate (not necessarily the sale deed) typically holds the voting right and can file nominations. The association should issue a share certificate to the co-owners, and the name listed first in that certificate will determine who can vote and contest elections.
📌 So, unless the husband’s name is listed first in the share certificate, the wife would retain the voting and nomination rights. However, if the association allows co-owners to choose who represents them, they may designate either party.
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