Procedure to transfer flat purchased by husband on wife's name

I purchased flat expecting home loan from son but he gave nothing.I paid full amount to builder by cheque and cash from my savings in 2006.son is alcoholic,now I want to transfer flat on my or his mother's name.Son is married.We are Hindus.

Answers (1)

69 votes

You can do the following:
1. You can ask your son to execute a gift deed in favour of you as well his mother's name;
2. If you make a gift deed, the stamp duty is less than Rs.500/- and registration fees will be minimum;
3. You will also need to register the Gift Deed immediately after execution;
4. You will also need to get NOC from son's wife and adult children (if he has) that they have no objection to transfer flat to you and your son's mother;
5. Make sure when you execute the gift deed, the son is not under the influence of alcohol otherwise later he would claim he was intoxicated therefore the Gift Deed is null and void;
6. You can also tell your son to execute a Will in favour of you and his mother's name.

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