Transfer of property from joint ownership to single ownership


Hi, I own a flat in Noida which is registered in my and my wife's name. I am the 1st applicant and my wife is the 2nd applicant. I want to transfer my share of property to my wife. How can I do this ? Will gift deed or deed of relinquish be sufficient or any other modality. Further will it involve stamp duty fee

Answers (3)


229 votes

I understand that the property is in joint ownership and you have a registry in favor of your wife and yourself. Then in my opinion, you have to relinquish the title in favour of your wife and stamp duty would be applicable.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

99 votes

The property can be transferred in the name of your wife by Gift deed. This need be compulsorily registered and attracts same stamp duty as in the case of sale deed. Another way is that you may execute a will in favour of your wife, but will takes effect only after the death of testator and during his lifetime he can change it too. Will should also be registered for safety.

Popular Property Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience
166 votes


Please tell where is the property located. Is there any loan against the property, if yes then you have to seek permission of the bank also.

As it being flat, you have to refer to flat buyer agreement in that there will be a transfer clause stating that administrative charges for transfer (which may range from 20-25 %).

To save that amount it is better you make a will.

However, you can a share the ownership by gifting it. But in this case, you will need to get a gift deed executed on a stamp paper and register it at the registrar's office. A gift to a relative is not taxable. However, if you gift the property to a non-relative, the value of the house is treated as income and taxed according to the income tax rules for the relevant year.
The stamp duty is generally 2% of the value of the property, along with 1% registration charge.

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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles