The concept of “Joint Property Purchase” is being popularized by Home Loan Providers and the Govt. The objective to promote Joint Property Ownership is different for both Govt and the Home Loan Providers. State Govt’s are providing incentives in stamp duty and registration charges to empower women through Joint Ownership. In many cases, i observed that Husband is willing to include Wife as a Joint Owner only to save stamp duty. Whereas from Home Loan provider perspective, they have selfish motive to safeguard their business interest which is not wrong also. Home Loan provider first push for Joint Purchase and sell this concept by highlighting advantages. The biggest USP is increased Home Loan eligibility & Home Loan tax dedcution. Many a times even a single buyer is also eligible for required Home Loan but Home Loan Provider never reveal. Buyer never ask what will be eligibility if there is a single buyer. If buyer insist on single ownership then Home Loan provider insist on joint home loan which has more negatives then being co-owner & co-borrower. I discussed the same in my post Beware of Being a Home Loan Co-Applicant. It is critical from buyers perspective to understand the pros and cons of Joint Property Ownership. In this post, we will discuss 7 Important Points about Joint Property Purchase.
Joint Home Loan a Must
Not many buyers are aware that in case of Joint Property Purchase, all the buyers have to apply for Home Loan. It is not possible that property is in Joint name but Home Loan is availed by any of the buyer. Home Loan provider insist on Joint Home Loan for Joint Property. You must be wondering, what is the harm in same. There is no harm but it is critical to check whether all buyers are eligible for Home Loan or not. Whether CIBIL score of all the buyers is more than 750 or not. In one of my clients case, both husband and wife booked joint property. At the time of availing Home Loan, bank rejected Home Loan. The reason given was husband defaulted on credit card payment therefore has low CIBIL score of 590. Entire calculations went haywire and they lost booking amount. Secondly, as i mentioned in my post “Beware of Being a Home Loan Co-Applicant” that it is easy for Husband – Wife to avail joint home loan but in case of other combinations like Father and Son, Brother and Brother etc there are lot of ifs and buts. In short, if Joint Property Purchase is with any blood relative on Home Loan, please check the eligibility, rules and regulations first.
“Individual” Income Tax deduction benefits
There are lot of myths and misconceptions on Income Tax deduction. Most common is that Income Tax dedcution is available in proportion of ownership subject to max limit. For example, Lets take the case of Joint Property Purchase by Husband and Wife with Joint Home Loan. Property is self occupied. As per Income Tax act, income tax dedcution available for each individual is 1.5 lakh for principal u/s 80C and 2 lakh for interest component u/s 24(B). Assuming principal payment for financial year is 4 lakh and interest payment is 6 lakh. In this case both husband and wife can claim income tax dedcution of Rs 1.5 lakh each on principal component. Income tax deduction on Interest component is 2 lakh each for husband and wife. There is a misconception that each can claim only 50% of limit u/s 80C and u/s 24(B). Please note that this max limit is for “individual” even if there is Joint Property Purchase.
Another important point is that to avail income tax deduction all co-owners should be co-borrowers and vice versa. It is wise to be a co-owner and co-borrower if income tax deduction is key consideration. If there is single earning member in the family then wise decision is to opt for single ownership and single Home Loan applicant.
TDS u/s 194IA
Normally in case of Joint Property Purchase, only 1 buyer deduct and deposit TDS u/s 194IA. As i explained in my post How to deduct TDS on Property Sale u/s 194IA that each buyer has to deduct & TDS separately and deposit in proportion of ownership in property. In case of Joint Purchase i.e. 2 buyers and 2 sellers. For each installment, each buyer will submit 2 challans i.e. one each for each seller. Common misconception is that Husband can deposit on wife’s behalf and vice versa. It is not true. Another common reason given is that either of spouse does not have PAN. In this case, it is advisable to apply for PAN before joint property purchase.
Non Earning Co-Owner
It is not advisable to include Non Earning member in joint property purchase even if she is your wife. Instead of helping her, you are unknowingly creating trouble for her. This is especially true when you are availing Home Loan. In case of unfortunate event of a death of an earning member entire Home Loan burden will be on her as she must have been the co-applicant of Home Loan. In case person die without WILL or even with WILL, it take atleast a year or so to settle the inheritance issue. As i mentioned in my other posts also that wife will be one of class I heir among 3 class I heirs i.e. spouse, children and mother of deceased but Home Loan burden will be only on her shoulder. It create lot of legal implications therefore it is not advisable to include non earning member as co-owner. The best solution is to write a WILL and inherit property in name of spouse. Besides WILL, buy term insurance to cover home loan which will be discussed in next point.
Term Insurance against Home Loan
In case of joint property purchase, all co-owners should opt for term insurance in proportion of ownership in property. In this case, i am assuming that all co-owners are earning members. In case of non-earning member as co-owner as i discussed in previous point, earning member should avail term insurance equivalent to Home Loan value. I never suggest Home Loan Protection Plan to my readers which i explained in separate post. In most of the joint property purchase cases, both husband & wife avail Home Loan Protection Plan but they are not aware that in case of any unfortunate event, Insurance provider will only clear the Home Loan of deceased in proportion of ownership in property. General perception is that entire Home Loan will be cleared, which is not true. Therefore it is beneficial to opt for Term Insurance.
Legal Implications
In case of joint property purchase with blood relative excluding spouse. I suggest you to check the legal implications. I am not saying that you should not buy with your mother, father, brother or sister but beware of future legal implications. It is sensitive subject so will just quote example. One of my client Sanjay bought property in Mumbai in joint ownership with his father. Entire purchase was funded by him from the money he earned in USA for 8 years. Unfortunately his father died after 4 months of purchase. Legally his brother and sister staked their claim on his father’s share in his property. Court ruled in favour of his brother and sister under Hindu succession act. Any joint purchase with blood relative will have legal implications therefore please consult an expert before signing below dotted line.
Joint Property – A BIG Hassle
Last but not the least, in my personal opinion joint property purchase is a big hassle. You should go for it if there are any monetary gains. In many cases husbands include wife’s name just to provide financial security. It is not required because as per amendment to The Marriage Laws (Amendment) Bill 2010, any property acquired by husband after marriage by default wife will have 50% right in such properties in case of a divorce. The Marriage laws automatically provide financial security to wife. To secure wife’s interest in case of any unfortunate event, Husband can execute WILL in her favour. I personally don’t suggest joint property purchase until unless there are monetary gains.
I hope you liked the post and will take care of above mentioned 7 points at the time of joint property purchase.
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A property which has a ready recuner value of Rs 71 lakhs but the seller is asking for an agreement of 15 lakhs , want to avoid capital gain.please advice.The property comes under slum rehabiliation authority.Please advice
Prima facie, registering 71 lakh property at 15 lakh will raise suspicion. I can only suggest after going through documents.
Mr Bhatia, Lower property regn charges are there in every state ? Say in Bangalore ? And what is the saving in % ? Thanks,Tom
In Bangalore there is no discount offered for women buyer/co-buyer. Stamp duty and registration charges are standard for all property registrations.
HI Nitin,
Thanks for this useful post.
I have one query, I am booking under-construction flat in Bangalore. I am the only earning member in my family, my wife is house-wife & holding PAN card.
I am thinking to execute sales-agreement & flat registration on my wife’s name only, & to go for home loan on my wife’s name & include myself as co-applicant in home loan application. Is this good way to have flat agreement on wife’s name only.? I want this so that if something happens to me (like death) then my wife don’t have to go for govt offices to get the flat/meters on her name.
Or shall I go for agreement on my name only.?
I am in middle of taking the decision, need your input on this.
Thanks.
-Alok
Its either ways. If i buy property in my wife’s name and if something happens to her then i need to run after for property transfer. Secondly, your wife has no source of income therefore prima facie it may appear that you are converting black money to white.
In my opinion, you should buy in your name and also buy term insurance plan to cover the Home Loan.
Thanks Nitin for your feedback.
Hi Nitin,
Very good article!!
I have a joint ownership for an underconstruction flat with my father. There is no loan on property. Now, I am moving out of india for few years and cannot do registry when it starts as i believe it requires biometrics and photo while doing registry.
Is it possible that my father takes the possesion of house and do a registry as a single owner.
Do i need to give up joint ownership for him to get registry done and take possesion in my absence?
Or, do i need to inform the builder to generate registry and ownership info on behalf of my father only and not both of us?
Thanks,
Ravi
You may execute special power of attorney in favour of your father. He will sign sale deed on your behalf and complete the transaction. You need not to give up your ownership.
My wife and I are joint owners in an under-construction property. Both of us are earning, but so far I have paid the full TDS on all installments on my PAN alone. If I want to know bring the TDS back to the proportion of equal ownership, should I now start paying the entire TDS from my wife’s account? Or should I ignore what happened so far and split the TDS 50-50 on all payments going forward? Thanks!
You may check with CPC – TDS for correction else on cumulative basis your TDS deduction should in proportion of ownership.
Thanks for the info Mr. Nitin!
Hello,
My mother is a joint owner of a property with my brother. They got a home loan on that property and they both co-own the loan. For the past 1 year they have not made any monthly payments since my brother lost his job. Now i want to lessen my mother’s worries and i want to take up her share of the property. Can she transfer her share of the property in my name and that way i will be dealing with the loan aspects instead of her worrying about that in her old age.
She also has joint ownership of 2 flats with my brother. Can she also transfer that in my name and that way i will be joint owning the flats with my brother.
Thank you,
Niharika
The ownership or title of the mortgaged property cannot be transferred without consent of the lender i.e. bank. It is highly unlikely that bank will provide permission. Still you can discuss with bank and explain the case. If bank agrees then your mother can execute gift deed in your favor.
Hi Nitin sir,
I am interested in purchasing a property which which is registered jointly in Husband and Wife’s names. Now wife is settled abroad and has given GPA to her husband. Now, the husband wishes to sell this on GPA and settle abroad. Are there any legal issues in proceeding with this purchase? What are your suggestions..
Thank you for your time!
You should be careful in this transaction as there are lot of permutations and combinations to check.
Thank you. :)
I read somewhere that Transfer of ownership of Immovable property is not allowed via GPA. Is it the case, sir or have I misunderstood something?
Your understanding is correct.
Dear sir, I have a flat with first name of my mother and second mine she’s willing to give away her share to me after her death in that case what precautions i must take to make it safe from my brother and sisters in claiming their share in the 50% of the flat’s value. Please advise. Thank you
Your mother can execute a registered WILL in your favor. Also if your mother is more than 60 years then it is advisable to obtain a medical certificate from CMO of local Govt/CIVIL hospital that your mother is physically and mentally fit to execute the WILL. Normally a WILL is challenged on the grounds of health of the executor. Please check my following post on how to make a WILL
https://www.nitinbhatia.in/personal-finance/how-to-make-a-will/
Sir, Thank you so much for your guidance
I have a flat in the name of both me and my son who is an NRI. Now he wants to gift his share in the property to me or his dad but is unable to come to India due to his commitments there. Can he give power of attorney to me to transfer his share to me what will be the charges. Since he will be making a gift deed in my favour( mother). Should this deed be registered and can it be registered by me with the power of attorney. Kindly suggest.
We have together purchased one under construction flat and later we closed the bank loan from the money, which my wife got after selling another family property of her.
Also my wife has paid entire of the flat cost to myself and bank both.
Now can we register the newly built ready flat in joint name – myself and wife?
What would be the consequences?
We would like to take care of following points –
1. Long term tax saving from sold property by my wife (as we will be registering the flat with in 2 years).
2. Claim of money I paid to Bank as interest from Income Tax (in 5 consecutive years, 20% every year, Bank has issued the Interest statement only in my name).
Your query is not clear to me. You have not mentioned whether your wife’s family property was gifted, inherited or bought by her under settlement. Secondly, who paid the EMI for the bank loan and lastly whether home loan was joint or only in your name.
Also, I could not understand your 2nd query. As the property is under construction therefore you cannot claim tax deduction till you receive possession.
The property was in name of my wife, and two other sisters. They sold it jointly.
EMI was paid by me only.
Home loan was joint. My wife closed the home loan during construction of flat itself.
Now we got possession of flat. So I wanted to claim tax against paid interest.
1. Your wife need to pay capital gain tax on property sold by her. If the new property was bought within 1 year from the date of sale of her family property then she can claim exemption for capital gain only on her contribution to new property.
2. You can claim Pre-EMI interest in 5 equal installments from the FY in which you received the possession.
Thanks. So we can register the new flat jointly? She has repay the entire flat cost to me and rest to bank and builder.
As money transaction happened long back – more than 2 yrs back, but actually sale deed and Registry of her old property was done last month only.
Date of sale deed will be date of sale for capital gain calculation.
You can register jointly. Receive and make all payments through joint account only.
Dear sir , Is it necessary to pay stamp duty on a release deed in maharashtra if gifting away own share to the heir. Does rhe same law applies to the gift deed. If yes how much percentage is applicable. And which one of the above two i should go for ? Please suggest . Thank you
It depends whether monetary value is involved in the transaction or not. Though you mentioned you are gifting means there will not be any exchange of money but i am not sure why your lawyer suggested release deed.
Hi, I am interested to know more about the sub-heading Legal Implications. I am an Advocate with a similar Case. Is it possible for me to get a bit more details on the Case laws in your Client’s Case
I only provide consultancy service and is not a lawyer therefore i will not be able to share any legal reference.
Dear sir, how much is the registration fees charged by the government for registering a gift deed while gifting away own share in the immovable property to legal heir (own blood relative). Thank you.
In Maharashtra, If a person gift residential/commercial property to husband, wife, son, daughter, grand-son, grand-daughter or wife of deceased son, stamp duty is only Rs 200.
In all other cases, it is higher of two i.e. stamp duty on conveyance deed or 2% of ready reckoner rate.
Hi Nitin, Thanks for the information above. I have purchased an under construction property. I am dilemma whether to include My Wife as Joint name (She is non Earning and house wife). Please help and advise….
You have not mentioned whether you are availing home loan or not.
Yes, I am availing a home loan and taking an Insurance for the same as well.
I will not suggest you to include your wife either as a co-owner or co-borrower.
hi
i would like to do Registry of newly buy Apartment (2BHK)~ 2 Million INR
Home Loan is of both Me and wife
my wife is US Citizen
Location Rajasthan (Alwar)
Please suggest
You have not mentioned whether your wife is co-owner or not.
I have bought a house property X with my wife as a joint owner. Then my wife has bought a house property Y with me as joint
owner. Can I treat house property X as self-occupied and my wife treat Y as
self-occupied? .. We are not occupying any of the properties and they have not been let out either. We are staying on rent. Please advise
Both the properties will be let out for you and your wife as you are staying on rent.
I have purchased a property(flat) with my brother as co-owner in 2008. Thereafter in 2013 he purchased a property(flat) with me as co-owner. For the property purchased in 2008 we both are paying whereas for the property purchased in 2013 only he is paying the EMI alone. I am being a govt. employee does this make me questionable for being co-owner for two properties. As it is clear that I am claiming tax benefits for only first property for which I pay half share of EMI.
It is your personal matter. You can buy as many properties as you wish provided you can justify the source of funds. I don’t foresee any issue.
Thanks for sharing your view Nitin.
if i purchase property in name of my mother and wife can my brother and sister and their children claim t
Yes. The share of your mother can be claimed by her Class I legal heirs.
Hi Nitin,
I have bought a property in which I am the primary buyer and my wife is the co applicant. Our home loan is also jjoint account.. Can I get the property registered only on the name of my wife ?
No
Hi,
Thank you for your informative posts above.
I have purchased an under-construction Flat in Pune – expected to get possession in Dec 2016. I am the primary applicant and my mother is a co-applicant for the property and the Home Loan.
I am currently paying the Pre-EMI interest for the flat as my mother is a homemaker.
My wife is working and has no loan in her name. Now, I wish to add my wife as a co-owner and a co-applicant for the flat so that we both can avail tax benefit on the EMI that we will pay after possession. How can I do that? What government formalities/deeds/contracts will need to be
made? Can this be done before possession or after possession? Approximately what would be the cost for this transaction?
I don’t think so it is possible at this stage as the property is mortgaged. You need to cancel the existing booking and initiate fresh booking may be of same flat. You can discuss with bank and the builder.
Hi,
A property in purchased in joint ownership with wife. All installment payments are made from husbands account. TDS is to be deducted and paid by whom?both or if only husband pays then it will be ok?
TDS will deducted and deposited by both husband and wife.
Hi Nitin,
In case wife does not pay any EMI then also mandatory to fill 2 TDS form
Yes. TDS has no correlation with EMI Payment.
Hello Mr. Nitin
You are very informed person.Can you help me with my queries. Me and my wife are both NRI.We booked a flat in NOIDA few years ago. Now flat is going to be ready for possession in few months time. I am thinking of doing registration only in my name. What are the documents required for builder to remove my wife name. I am first applicant and she is second applicant.
Second question is regarding address proof I have Indian passport with my Indian permanent address. Can I give that as my address for registration etc. To builder. Or I have to give foreign residence address.
Also there is no loan on property. There is no mortgage etc. On under construction flat
1. The best way to remove wife’s name is cancel previous booking and initiate fresh booking else you may sign a transfer or assignment deed subject to certain conditions.
2. You should mention as follows
Currently residing at “your foreign address” and permanent address at “Indian Address”
Hello Nitinji, Need your guidance.
I have 2 properties. One is freehold and second one is having home loan which I am paying 100%. My marriage is heading for separation. I plan to remove my name from freehold property and give it to wife and remove wife’s name from property having loan.
Will this attract any capital gain tax for both of us? We plan to back the title transfer through separation document
Secondly if we sell both the properties and buy 2 separate properties on individual names, will it attract Capital gain tax?
Please let me know.
1. If you transfer any asset to your spouse till the marriage exists without any consideration then it is tax free in your wife’s hand. If you transfer after divorce then gift tax will be applicable as you are non-relative after divorce.
Reg capital gain there is no specific provisions to handle divorce cases. In my opinion, if you transfer any asset before marriage is called off then you need not pay any capital gain. When you wife sell in future then she will pay the capital gain tax including your holding period. The same rule apply if you transfer after divorce without consideration but gift tax will be applicable. Therefore, you should settle all these issues till marriage exists.
2. Yes, Capital gain will applicable in this case
I have purchased a flat in Assam which is under construction and about 90 % of the construction is completed. Now, my builder has asked me to register the flat. I have the following queries:
1) I have taken a loan of Rs. 20 Lakhs from my Company , as such can i register the flat in joint with my wife. flat value is 39.4 Lakh?
2) Is it true that joint registration will save my registration fee to some extent?
3) What are the disadvantages of Joint registration?
You may check with local sub registrar whether any rebate available on stamp duty in case of female co-owner. The disadvantages i have shared in my post, i request you to go through the same.
Please share the link to the post mentioned in the statement: “I never suggest Home Loan Protection Plan to my readers which i explained in separate post”
https://www.nitinbhatia.in/home-loan/7-reasons-why-you-should-not-buy-home-loan-protection-plan/
I have jointly bought a house with my spouse and taken home loan. During registry, is it mandatory to register with both names or I can get stamping done for either my wife or myself? Please assist. My wife is housewife. I don’t know the implication of keeping just my wife’s name or my name during registration process. I heard that I may need to get lot of paper work done with builder and bank if I don’t register on joint basis. Is it true?
You have not mentioned whether you bought through transfer or in resale under construction. Secondly, what all documents you have signed till date in joint name.
My husband plans to buy a house in Bangalore on loan, that we will live in. His father wants to sell his property in Noida and fund 50% of our house.
Can my husband and his father buy it in joint name, can he take loan for his share?
Will father have to pay property tax if he puts entire proceeds of his sale in the new house?
Will my husband get tax rebate on the loan that he takes for the new house?
1. A father and a son can buy joint property but note that all legal heirs of your father in law will have share in this property. Your husband can avail home loan
2. I think you are referring to capital gain. It depends on the capital gain calculation i.e. how much amount to be invested to save capital gain.
3. If your husband will pay EMI then he can claim tax deduction on home loan.
I purchased a flat with my wife as first owner and me and co-owner in 2013. Not knowing that we both have to pay TDS, the entire TDS amount (1% of the purchase price) was deposited on my wife’s PAN no. How can I correct this now? I have received an email from CPC income tax but no physical letter or anything else in my online income tax account yet.
Your wife can approach AO for correction.
My father and mother jointly owned a property in Mumbai since 2005. My father expired in the year 2006. Including me, we are 3 siblings. None of us claimed a right on the father’s share in the property and my mother has been occupying the house since then. Now we intend to enter into a release deed and release our share to her so that she can become the sole owner of the property. After becoming the sole owner, if she wants to gift the property to me, what would be tax implications for me? If I want to sell the house immediately after receiving the gift, will short term capital gain tax be applicable?
A gift to son from a mother is tax free. You only need to pay stamp duty on gift deed. You can sell the property immediately after the execution of gift deed. The capital gain will be long term capital gain.
Thank you so much for your kind advice!
What if Sale Agreement with Builder in the name of Husband and then Later Bank allowed adding the name of Wife. But Question is… Whether Builder will do Sale Conveyance in the name of Wife Only ????? plz reply (Bank already allowed for this) for Hyderabad CIty
Your query is not clear. As i understand sale agreement was signed with husband and later wife was added as co-owner. In this case, sale deed will be executed in joint name. Also builder has to rectify original sale agreement either through rectification agreement or assignment.
I am purchasing a property in a joint name (myself and my wife’s name). Property cost is 51lacs and do I need to split the amount equally to remit the tds on sale of property between both of us. Please suggest…
Yes, the tds will be deducted and deposited in proportion of ownership.
Hi,
My husband bought a flat in Pune in 2010, solely in his name. Home loan is in his name and he is paying the EMI. I am a housewife and have no source of income. we are staying in the flat. Majority of lone amount is cleared by prepayment of principal amount. If no further prepayment is made then loan will get closed in 5 yrs. He is availing some tax benefit on home lone. Now, we are thinking of adding my name as co-owner in the property.Need to understand few point on this:
1. Effect on tax exemption on home loan
2. Process to get the work done
3. Total cost incurred in the process
4. Whether it is a good decision
Till the property is mortgaged, the ownership of the property cannot be changed. Therefore, you cannot be co-owner till the home loan is closed.
Once home loan is closed, your husband can gift 50% share in property through gift deed.
Thanks
I co-own a flat with my mother. Now my mother is not alive. How do I transfer the property in my full ownership. I have siblings, do they get any share. If so, what do I need to get clearance from them?
All class I legal heirs of your mother will have share in the property (proportion of your mother’s share) as per respective succession act.
I read your article and have a few queries about co-owning as joint tenancy or as “tenant in common”. My understanding is that typically when a property is registered jointly.. it turns into a tenancy-in-common. When one of the owners passess away, his/her portion will to the hiers and not to the other co-owner. And each of then will have to pay stamp duty to get property transferred in their name… after going through probate or succession certificate. However, in case of co-owner (not exactly sure what is need to ensure this classification is correct), the property will automatically go to the other person (s). So much easier process of transferring property. Especially in cases where husband and wife are jointly hoping to own with the expectation and his/her portion can easily be “transferred” (implicity – without probate, succession certificate or stamp duties) to the spouse. Please advise if the understanding is correct and how can one register the property as “co-owner”. Thanks Abhi
Your understanding is partially correct. In case of husband and wife, it depends whether the deceased person left any WILL or division will be as per succession certificate. There is not much complication in case of WILL as it is clear who will be beneficiary of the husband/wife share. The complication arises in case there is NO WILL. In this case, all class I legal heirs will have stake. For example, if i die without leaving any WILL and property is jointly held by me and my wife. In this case, on my share i.e. 50%, my class I heirs will have stake. My class I heirs are my wife, children and my mother.
To avoid complication, husband and wife can execute WILL in each other’s favor so that all assets can be easily transferred in the name of surviving spouse.
Understand. So in case of husband and wife there is no way to register a property in such a manner that even without a will the property will go to the surviving spouse?
No. Only option is WILL as i explained in previous comment.
I have a purchased a property in joint name with my wife as co owner and from a single seller. I understand we have to furnish 1%TDS of our respective share. Please clarify as to what should I enter in Total consideration of the Property/ Value under Property details – my share of the purchase or total sale price. Under the payment made I know I will enter only my share of the payment. Thanks much.
Total purchase value.
Hi Nitin,
I am buying a joint property on me and my wifes name. While I am checking the process of paying stamp duty via IDBI, I see that I can only add one name in the Duty payer name and other party name. As in my case it is two seller and two buyer. Do i need to fill two stamp duty forms, or one is enough for full stamp duty value
You have not mentioned whether your wife is planning to avail any tax deduction on stamp duty and registration charges.
Hi Nitin,
My wife is not working and she will not avail any tax deduction
You can pay 100% stamp duty and registration charges. Ideally stamp duty and registration charges should be paid in proportion of ownership.
Hie Sir,
I sold my 1BHK flat for 1Cr. owned by my dad and mom in join name. Since there are two owner dad and mom, Buyer is paying money in 2names 50lac on mom’s name and 50 on dad’s name (Also TDS will cut on 2names by filling 2 26QS). No such share is written in current sale agreement. Is it possible to take entire amount on my dad’s name only. Since i am buying 2 bhk by taking loan on my name and including dad’s name on agreement for showing investment of 1Cr. earned and same is invested in property.
It is not possible that your father accept 100% payment. If the ownership % is not mentioned in the sale deed then it is assumed to be equal.
Also Sir, Is there any such rule which makes compulsion for 50 50 sharing of amount on property of sale when nothing is mentioned in the agreement. Specially in case of Husband & Wife relation or else at the time of buying the property entire amount was paid by husband but purchased on H&W join name. Can we show same statement to take amount on single person Husband’s name while selling of property.
The rule is simple that in case of joint ownership, the amount should be paid in proportion of ownership in the property. Why it is imp in case of Husband and Wife because in most of the cases, in case of dispute between Husband and Wife, the husband sold the property without wife’s knowledge or fraudulently or under coercion. Therefore, a buyer can safeguard his interest by paying husband and wife separately in proportion of ownership. Another alternative is to pay in Joint Account of Husband and Wife.
thank you sir
Hi Sir,
I bought a residential property in year 2009. The property cost was approx Rs. 32 Lacs. All the payments (total of Rs. 15 Lacs) were paid by me through my bank accounts except an handsome of Rs 82,000/- by my father. Rest of the payment (Rs 16.5 Lac) was made through home loan (jointly taken).
Since then all the EMIs have been paid by me till date while house has been occupied by my parents. I now want to sell the property but my father is resilient about that.
I have two queries:
1. Is my father (the co-owner) is also liable to pay half of the total payment including EMIs? What if he is not paying it?
2. How can I sell the house in this case?
1. You have not mentioned whether he is co-borrower or not.
2. You cannot sell without your father’s consent.
Hi Sir,
I bought a residential property in year 2009. The property cost was approx Rs. 32 Lacs. All the payments (total of Rs. 15 Lacs) were paid by me through my bank accounts except an handsome of Rs 82,000/- by my father. Rest of the payment (Rs 16.5 Lac) was made through home loan (jointly taken).
Since then all the EMIs have been paid by me till date while house has been occupied by my parents. I now want to sell the property but my father is resilient about that.
I have two queries:
1. Is my father (the co-owner) is also liable to pay half of the total payment including EMIs? What if he is not paying it?
2. How can I sell the house in this case?
Hi Sir,
My husband bought flat in Pune before our marriage in 2007 for 12 lacs. His elder brother is co-owner. My husband took a loan of 11 lacs and he was paying all the EMIs. So far my husband paid 9.5 lacs and his brother paid 4 lacs prepayment towards the loan amount. Now the loan is over and flat documents are with his brother. My husband’s parents are staying there with his younger brother, so we can not sell it now.
As now a days fake signatures can be easily made, I am worried, whether his brother can mischief us and make the property on his name without my husband’s permission?
Thanks,
Shruti
It is not that easy. Though property can be transferred fraudulently but there is always a legal remedy. This property cannot be transferred without your husband’s consent therefore you need not worry.
Hi Nitin,
Me,my elder sistter and my mother are planning to co-own a flat. Me and my sister are the only two siblings and my father is not living with us from many years due to differences with my mother and us daughters.we want to make sure that he has no claim in this property which we buy and we would want our mother to stay as long as she lives in that house.He has never contributed or supported financially for more than 10 years. How do you think we should go about registering this flat. My mom is keen on being the co-applicant as she also has a share.
Thanks in advance!
At present, you all three can buy the property jointly with equal share in the property. To safeguard financial interests, after the property purchase your mother can execute a WILL in favor of you and your sister w.r.t to her 1/3rd share in the property.
I am planning but a flat under joint name with my wife. After reading this article it seems it is not advisable to do the same. My wife is not a co-borrower and she is not an earning member now. She might earn in future. I am buying this property after selling one of the property in joint name. Kindly advise.
I have shared my opinion in my post. If your wife is not availing any tax benefit then you should not include her as co-owner or co-borrower.
Hi Nitin,
I have an under construction property in Delhi with joint ownerships with my Brother and Mother.
Now I want to transfer the whole property rights to my name. Builder and other joint owners are ready for the same and builder want us to pay 100 Rs per SQFT as transfer fee.
I have two queries:
1. Is transfer charges charged by builder is legal? and can we negotiate this with builder?
2. Transfer fee will be charged on 100% of Flat area or on 66.66% since other co-owners have only 33.33 and 33.33 i.e 66.66 percent rights of the property.
Thanks in advance!
1. Yes. Normally it is non-negotiable. As the transfer is within family therefore you may request builder to reduce.
2. It will be on 66.66%
Hi Nitin,
I have finalized a property and paid the 5% of the Flat cost after deduction of TDS. It’s on My wife’s and my name. Even I have applied for loan on my Wife’s and my name.
I have filled the TDS on my name only and I have mentioned “Yes” in more than 1 Buyer. Is it ok or Do i need to fill one more TDS for my wife?
If I need to file one more, then how much should I fill in the “Total Flat cost” ? Is it the original cost or Divide by 2 ?
On the next installment, can I make up some higher amount on my wife’s name ?
Thanks
Sachin
You need to file 2 challans for each installment. Total Flat Cost will remain same for both the buyers.
Hi Nitin
We bought a property with joint ownership of me and my mother in law. She passed away recently. What is the procedure to transfer her share of property to my husband’s name.
You have not mentioned whether she left any WILL or not.
Hi Nitin sir, my mom and Aunty are having a joint registered house. If my mom wants to sell do they need children signature or directly she can sell it. Please advice.
Your mom does not need her children signature to sell the property.
Hi Nithin, Thanks, this page is very useful. I have one query; Myself and my brother want to buy a property jointly. When I approached the bank for a partial loan, they told me that as per RBI guidelines it is difficult to sanction home loan when it is joint ownership between brother & sister. is this true ?
There is NO RBI guidelines in this regard. In general, a combination of Brother and Sister is not allowed for Joint Home Loan. You may check my following post for more details
https://www.nitinbhatia.in/home-loan/home-loan-co-applicant/
I and my wife purchased a flat jointly with home loan in my name and my wife as co-applicant.The flat cost was Rs.80 Lakhs. From my account i paid TDS of Rs 40,000/- and from my wife’s account also paid TDS of Rs. 40,000/- (totalling Rs 80,000/- @ 1% of property cost. Recently i got a notice from IT Dept. for short deduction of TDS stating that i have deducted less TDS. I and my wife both ticket YES for More than One Buyer while filing TDS. IT Dept. wants me to file Online Correction. Please suggest how to proceed.
As i have not seen the notice therefore cannot comment. You can approach your AO and clarify or you may follow the necessary steps shared in the notice for online correction. For online correction you need registered digital signature.
Hello Sir,
I and my wife have purchased joint Flat worth of 58 Lakh and we both paid 0.5% TDS so total is 1% of the but received a Notice with Penalty and then i checked the “Justification Report” on TRACES website and sent an email to IT Dept.
Now IT Dept. asking for online Form 26QB correction in Amount Paid/Credit section so can you please let me know that in Form 26QB, what will be the value for “Total Value of Consideration/Property Value” and “Total Amount Paid/Credited”.
Will it be 58 Lakh as “Total Value of Consideration/Property Value” and 50% i.e. 29 Lakh as “Total Amount Paid/Credited” for each individual partner since we both have 50% share in property.
Please clarify this doubt regarding “Total Value of Consideration/Property Value” while submitting Form 26QB/ Online Correction in the case of Joint Property.
Your response will be highly appreciated.
Thanks
Nitesh
Total Value of Consideration/Property Value is 58L for both the buyers and Total Amount Paid/Credited will be 29L for each buyer.
Sir
A land was purchased by my father and during the time of buying he added my grandmothers (his mother) name . my father paid everything.Now my grandmother has died . Grandmother has 2 sons including my father and 2 daughters .
1)So how to Proceed Further to claim the land by my father ?
2)Is only death certificate sufficient for claiming the land by my father ?
3) Or will is need for my father to claim the land ?
thank you
1. As your grandmother’s share in property was 50% therefore now all class I legal heirs will have stake in the property as per Hindu Succession Act. You need to obtain succession certificate and after that your grandmothers share will transferred in name of all class I legal heirs as per succession certificate. Post that your uncle/aunt can gift their share to you father.
2. No. I have explained in point 1
3. If WILL is in place then distribution will be as per WILL of your grandmother.