The easiest way to transfer the property to co-owner is by executing RELEASE DEED or RELINQUISHMENT DEED.
Register the Release Deed in favor of your wife; the stamp duty is just Rs. 3000/- without consideration amount. Husband, wife and two witnesses must present in registrar’s office for registration of Release Deed
After the RELEASE DEED registration, transfer the loan to your wife’s name
Let me share my similar experience:
My client, husband and wife jointly borrowed a home loan of Rs.64.50 lakhs from State Bank of India to purchase a 2BHK flat in Bangalore.
The buying price is Rs.86 lakhs, out of which the loan amount is Rs.64.50 lakhs and self-financing is Rs.21.50 Lakhs
It is a joint purchase and we highlighted the joint purchasers in below Sale Deed:
We highlighted the buying price in Sale Deed below for your reference
Both husband and wife are working members, both have strong incomes
The husband intends to purchase one more property, but the bank has denied the home loan because his income is insufficient to cover one more EMI (on top of the existing home loan). To overcome this issue, the husband decides to transfer his existing home loan and property to his wife, this enables the husband to apply for a new home loan in his name
The husband and wife own the property in 50:50 ratio. We registered RELEASE DEED to transfer the husband’s share to wife. We followed below steps to register:
- Draft the Release Deed in Word document
- Pay the required Stamp Duty (the stamp duty is Rs.3000 in Karnataka. For other states, the stamp duty may be up to Rs. 5000 among family members without consideration amount)
- Print the Release Deed draft on document paper
- Register the Release Deed in registrar’s office
We registered the below Release Deed in a sub-registrar office in Bangalore, sharing the image for your reference
NOTE:
- Even though we have running home loan in State Bank of India, we were able to register the Release Deed in sub-registrar office without NOC or permission from State Bank of India
- After the Release Deed registration, we did an internal home loan transfer from husband to wife
- It took us almost 15 working days to complete the Release Deed and loan transfer process.
We assist in executing Release Deed, please write to us pgnproperties@gmail.com or WhatsApp to +91-97424-79020
Thank you for reading…
