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Kumar...... (occupation )     02 December 2017

Shared house hold

I and my wife co-own a house. The house has been bought with my money and i have been paying the EMI. My wife has also paid some money initially which is very negligible and she never paid EMI. I want to make my mother a co-owner of the house and remove my name from the property. Is that possible ? and if the house can be transferred to my mothers name, do i have to inform my wife ?



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 6 Replies


(Guest)

It is your personal decision, you need not take permission of your wife or inform about it to her. If you inform her, she will create scene for sure.  Better do such things silently.  You can simply transfer entire property into your mothers name or sisters name.  You can keep aside the little amount that your wife paid, and give it to her the day when she comes to know about the transfer. On that day she will definitley ask her share of money.  You prepare a cheque for that amount and put the cheque into her bank account, so that she wont file cases in the fuutre against you.  If you are doing it, do iti n legal way as I have suggested.


(Guest)

It is your personal decision, you need not take permission of your wife or inform about it to her. If you inform her, she will create scene for sure.  Better do such things silently.  You can simply transfer entire property into your mothers name or sisters name.  You can keep aside the little amount that your wife paid, and give it to her the day when she comes to know about the transfer. On that day she will definitley ask her share of money.  You prepare a cheque for that amount and put the cheque into her bank account, so that she wont file cases in the fuutre against you.  If you are doing it, do iti n legal way as I have suggested.

P. Venu (Advocate)     02 December 2017

Why you want to make the transaction keeping your wife in dark? A house is an indivisible property; the query suggests an unethical undertone.

Kumar Doab (FIN)     02 December 2017

You may ignore the comments in the thread. 

Kumar Doab (FIN)     02 December 2017

Since you Co-own the property with your spouse, you cannot transfer the entire property in anyone’s name.

Until or unless the share is narrated in sale deed it is guessed to be as 50% each.

Your spouse is owner of title to the tune of 50%.

 

It is your personal and private matter, who contributed how much while buying and maintaining it.

It is your own matter to resolve and get paid amicably outside court or thru court.

Since property is mortgaged the lender may not agree at all for any alienation to title and may proceed against you.

1 Like

Kumar Doab (FIN)     02 December 2017

You may take lender in confidence.

Speak to the BM and proceed by keeping bank/banker in confidence.

The bank can not object to WILL as it operate after death of owner (testator).

It may also agree to other modes of transfer provided it satisfies the requirements of lender.

You are under debt and perhaps facing litigation or contemplating litigation.

Try to stay away from penultimate action from lender, atleast.


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