cpc

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.
 
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Advocate Supreme Court of India

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

Wife's consent is not required. 

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

 
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Thank you very much Sourav Das and Bhartesh Sir.

 
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subregistrar/supdt.(retired)

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

 
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Lawyer

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.


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advocate

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

Transfer of property without registration is not legally possible.

 
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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. 

 
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Lawyer

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 

 
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