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Madhusudhan   15 September 2020

Transfer of property without registration

Hi, I am Sona, there is a property which is jointly registered on my and my mother's name which we bought 3 years back. Now I want to transfer this property to my mother and make sole owner. How to go about that. Do I need my wife's consent to transfer this property, married a month back.


 14 Replies

Sourav Das (Advocate Supreme Court of India)     15 September 2020

Make a relinquishment deed or gift deed in favour of your mother. 

Wife's consent is not required. 

Advocate Bhartesh goyal (advocate)     15 September 2020

Yes,your wife's consent to transfer your share to your mother is not can relinquish ,gift or sale your share  to your mother.

Madhusudhan   15 September 2020

Thank you very much Sourav Das and Bhartesh Sir.

kavksatyanarayana (subregistrar/supdt.(retired))     15 September 2020

Yes.  Agreed with the above experts.  The property belongs to you and your mother.  You both can do as you wish.

Dr J C Vashista (Advocate)     16 September 2020

I respectfully disagree with experts qua relinquishment of your share in favour of your mother is invalid under Article 33 of Schedule- 1A of the Stamp Act, which may get the document impounded u/s 33 of the Indian Stamp Act, 1899 since the subject property is self acquired. 

However, consent of your wife is not required.

1 Like

Rajeev kulshreshtha (advocate)     16 September 2020

wifes consent not required. You can gift your share to your mother.

G.L.N. Prasad (Retired employee.)     16 September 2020

Transfer of property without registration is not legally possible.

Advocate Dinesh Rajpurohit ( Advocate)     16 September 2020

as property is self acquired your wife's consent is not required at all.

you can execute your parts release deed in favor of your mother. 

Dr J C Vashista (Advocate)     17 September 2020

Originally posted by : Advocate Dinesh Rajpurohit
as property is self acquired your wife's consent is not required at all.

you can execute your parts release deed in favor of your mother. 

Dear Mr. Dinesh Rajpurohit,

Can you substantiate your advise qua execution of release deed by son in favour of mother for self acquired property jointly owned by both of them ?

Thanks and regards 

G.L.N. Prasad (Retired employee.)     17 September 2020

The following is the actual query:  Transfer of property without registration

Madhusudhan   17 September 2020


The actually query was whether the wife's consent is required or not? Leave about the subject line, I just wanted to transfer the property from my name to my mom's. 

P. Venu (Advocate)     04 October 2020

The definite answer is that wife's consent is not required.

Advocate Dinesh Rajpurohit ( Advocate)     04 October 2020

sir as first advice is sure that his wife's consent is not required , but the question so far as that whether he can execute release deed or relinquished deed, or even gift deed of his part in favor of his mother is technical one, we must see the provision of  stamp act  , whether that act allow such kind deeds or not.


with regards 

adv Dinesh Rajpurohit 

P. Venu (Advocate)     04 October 2020

In my understanding, both release and settlement deed equally possible. It is only that in such cases, stamp duty involved is different.

Moreover, some States have their own Stamp Acts. If so, provisions of such local enactment would apply. Nowadays, only lesser stamp duty is involved in transactions among specified blood relations. Please ascertain.

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