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Transfer of property from husband to wife as a parting gift.


06-Apr-2023 (In Property Law)

Husband wants to transfer his flat in his spouses name as a parting gift in a divorce case ( yet to be filed ). But the flat is purchased out of a Bank Loan and still there is substantial amount of liability in the account. Wife is ready to get the bank Loan transferred in her name provided the Flat is legally transferred in her name. Please suggest / advise how to go about it legally. As the matter is bit urgent , your early response would be highly appreciated. Thanks in anticipation.

Answers (1)

Answer #1
103 votes

In case, the potential buyer plans to pay for the property through his own savings and does not want to take a home loan, the procedure is pretty straightforward. The seller first needs to obtain a letter from the bank with which the property is mortgaged, stating that the bank agrees to relinquish the property documents after the full and final payment of the loan. The buyer will then be required to pay an amount equivalent to the outstanding loan to the seller's housing loan account, after which the process of releasing the documents by the bank is initiated.

The time given to the seller to make the payment can be worked out between the seller and bank. The bank specifies a date by which the seller must make the full payment. If the money is not transferred to the loan account by the due date, the bank can extend the date and charge a penalty or premium over and above his outstanding principal.

"Though the prepayment penalties have been done away with, the seller incurs additional cost by way of a premium that's besides the outstanding amount if the remaining sum is not paid to the bank by the prescribed due date," This additional amount is usually decided by the bank before the fixing of the due date.

Once the borrower pays off all the dues, he receives the 'no due' letter from the bank. This document certifies that there are no outstanding dues on the housing loan to be paid. The original documents kept with the bank as security are usually released over a period of 5-10 working days of receiving the money.
 However, at any point of time, a borrower should have a photocopy of all the documents he has submitted to the bank at the time of loan application

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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