peter rodrigues 06 July 2021
Shubham Bhardwaj (Advocate) 06 July 2021
Dear Mr Rodrigues,
For transfer of flat on your name, your wife can execute a gift deed in your favour. The gift deed will have to be registered with the sub registrar's office. Further, the stamp duty for gift deed within family is very nominal.
Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh.
peter rodrigues 07 July 2021
Nirali Nayak 07 July 2021
Hello sir, greetings of the day.
As per your query, yes, you can transfer it to your name. An easier method would be to give it as a gift deed. You can gift property to spouse, child or any relative and register the same.
Under section 122 of the Transfer of Property Act, 1882, you can transfer immovable property through a gift deed. The deed should contain your details as well as those of the recipient. However, section 123 of the Act says gifting a property is valid only if the documents of transfer are registered with the local magistrate or the registrar. The registration is done in the presence of two witnesses.
As in the case of buying a property, you need to pay stamp duty to the registrar. State governments offer a concession on stamp duty rates if the property is gifted to blood relatives, although this varies from state to state. When the property is gifted to a person outside the family, the stamp duty is higher and is applicable according to the rules of a normal transfer of property.
Hope this solves your query
Regards
Nirali Nayak
Law Student
Shubham Bhardwaj (Advocate) 07 July 2021
Dear Mr Rodrigues,
You can also transfer the loan to your name. The Bank Branch Manager will tell you the documentation.
Regards