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Q.

Can Husband Buy Property in Wife Name?

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My brother-in-law asked me a few months ago can husband buy property in wife name in India. According to me, yes, a husband can buy property in his wife's name. This is a common practice and is legally permissible in many jurisdictions, including India. Here are some key points I mentioned to him to consider:

  • When a property is purchased in the wife's name, she is the legal owner of the property, even if the husband financed the purchase.

  • The husband can provide the funds for the purchase, but it’s important to keep logical records of any financial arrangements, especially if they are not joint assets.

  • If the property is given as a gift or inherited, specific tax implications may apply, and proper documentation should be maintained.

  • If both parties wish to have a stake in the property, they can consider joint ownership or co-ownership options, which can be structured in various ways.

  • Ownership in one spouse's name may have different tax implications regarding capital gains tax and other liabilities, so it's wise to consult a tax professional.

Always consider legal advice to ensure that the transaction aligns with your overall financial and estate planning goals. I hope this answers your query, can I buy a property in my wife's name.

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Can I Sell Property without Mutation

 

Yes, it is allowed for property purchased by husband in the name of wife judgement. A husband can buy property in his wife’s name. However, it is important to note that the property must be purchased through a registered sale deed and not through Power of Attorney. The husband can sell the property to himself as a buyer, but the sale must be done in accordance with the law, and the agent must act in the principal’s best interests while avoiding any actions that would benefit them personally.

In India, various states reduce women’s stamp duty payments by up to 3% if they buy a home in their name. Given below is a chart of stamp duties in different states of India for women and men applicants:

State/ UT For Men For Women

Haryana

5% of the property value in rural<br>7% of the property value in urban

3% of the property value in rural<br>5% of the property value in urban

Delhi

6% of the property value

4% of the property value

Maharashtra

6% of the property value

5% of the property value

Punjab

7% of the property value

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It is important to note that the tax benefits of having a property purchased by the husband in the name of the wife will differ according to their ownership stakes. Your wife can also deduct the entire amount of interest paid on a house loan if the purchased property is rented out. Both of you can also claim deductions up to ₹2 lakh under Section 24 for interest payments on your home loan. Lower interest rates on home loans are also available for women borrowers. I hope you got an idea can husband buy property in wife name in India.

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How to transfer property from husband to wife after death?

Buying a property is a big decision. With so many offers, opportunities and schemes couples may find it difficult to arrive at a decision as to whose name should the property be bought in. Property purchased by husband in the name of wife is okay or not? Can husband buy property in wife name? Is it a good decision? If you are clouded with similar questions, here are a few things which may solve your problem.

Husband buying property in the name of wife - benefits

There are many benefits of buying a property in the name of a female of your family. If you buy a property in the name of your wife there will be many benefits.

Lower interest rates

There are some obvious advantages if you buy a property in the name of your wife. Many banks offer lower interest rates on home loans, for example HDFC banks offer 6.75% p.a. Interest rate for women while 6.80% p.a. Interest rates for others. 

Discount on stamp duty charges

Many state governments are providing reliefs to women who invest in real estate. In Delhi, there is a provision to save 2% stamp duty if the property is registered in the name of a female. 

Tax benefits

If you buy a property in your wife’s name then you get an extra deduction of interest up to Rs 1.5 lakh per annum in case the house is self occupied or vacant. Even in the joint ownership arrangement and separate income sources of husband and wife both can claim tax deductions individually depending on the ownership share of each co owner.

Although there are advantages in case of property purchased by husband in the name of wife but there could be legal complications in case of separation or divorce. If the complete ownership remains with the wife, it will require a little more effort for husband to prove his share in the property if the monetary contribution is made by him in any capacity. It is advisable to weigh in all the possibilities before arriving at this decision.

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