Legal Question in Real Estate Law in India

Hi,

In hope of getting some help here, I'm posting my first question ever. Firstly, thank you for helping so many people. You are doing a great community work.Now, My question is:

my wife has got properties on her name and they are registered on her name., Can she willing transfer all her properties to me(i.e husband) without involving any land registration? Can it be done? How can we proceed? How do we do it? Do we need mention property details in the transfer document or shall we just say transfer any properties that she own? Does it mean, even though the land is registered on her name, once transferred onto my name, she would no longer own any right or what so ever on her property? Can we set some conditions on the transfer document such as no right to sell, and the validity period of the document? In addition does she need to present in front of a legal body or can she sign the document from remote?

Many thanks

Raj


Asked on 1/13/16, 2:32 am

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Sir

Land can be transferred by one person to another only by way of Registered Document, be it, Sale Deed, Gift Deed etc. Once the transfer is done, it is absolute, There cannot be any condition on transfer, say, that the land cannot be sold etc. Any such conditions are void under TP Act.

To Register a transfer, a deed has to be got registered with the Office of Registrar of your concerned city.

Feel free to contact should you have any questions.

Vivek N Mapara

vnmlaws.com

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Answered on 1/18/16, 10:21 pm


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