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Vinayak Kadam   06 May 2020

want to sale property to wife.

Hello, I have 1 property with 16 lacs loan against property on it. flat cost is around 36 lacs as per government value. Said flat is on the name of my father & me jointly. now due to some family disputes father want to sale property to me or my wife or both jointly ( me & my wife).

so below are my queries.
1) is it possible to sale property between family members?
2) if yes. can we ( me & my wife) get home loan against it (we are eligible for 22 lacs.)?
3) my father want me to re-pay 16 lacs loan only which he took against property and get ownership of property.
4) we are eligible for around 22 lacs loan. but have limited cash for down payment, Stamp duty & registration. its around 2.5 lacs only. so we can arrange only 25 lacs. ( loan + cash)
4) I want 16 lacs home loan only to repay father's loan against property and get ownership.

but I heard from my friend that for sales deed I have to pay 20% amount plus stamp duty amount. and rest I have to pay in home loan around 28 lacs for which I am not eligible.

please advice.


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 4 Replies

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     07 May 2020

Your father can execute Deed of Gift in your favour in respect of his undivided half portion and in that case only 0.5% of the market value(as asertained by the concerned Registry office) of that undivided half portion of the property has to be paid as Stamp Duty and 1% of the market value(as asertained by the concerned Registry office) of that undivided half portion of the property has to be paid as  Registration Fee .

1 Like

Vinayak Kadam   08 May 2020

thanks for your great advice. but after that can I get home loan to repay father's 16 lacs (currently it have loan against property). or there is any other way to repay 16 lacs. because my father dont want to pay the emi anymore.
1 Like

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     08 May 2020

If your father gifted you the property then your father's home loan can be transferred to you subject to the permission given by the Financial Institution from where your father took such loan allowing home loan in your favour. In such case your father's agreement with the Financial Institution for home loan purpose will become null & void and the Financial Institution will issue him NOC and will enter into a home loan agreement with you (the new owner).

 

Vinayak Kadam   08 May 2020

thanks a lot madam

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