How to Transfer Property from Husband to Wife?

Here's a general overview of the

transfer of property to wife

:

• Before proceeding with the transfer, it's advisable to consult a lawyer who specializes in property law to understand the legal implications and requirements.

• The lawyer will help draft the transfer deed, which specifies the terms and conditions of the transfer. This deed can be either a gift deed or a sale deed, depending on whether the transfer is without consideration (gift) or for a specified amount (sale).

• Both the husband and wife must sign the transfer deed in the presence of two witnesses.

• The deed should be executed on non-judicial stamp paper of appropriate value, as per the Stamp Act applicable in the state where the property is located.

• The executed transfer deed must be registered at the office of the Sub-Registrar of Assurances within whose jurisdiction the property is situated.

• Both husband and wife, along with the witnesses, must appear before the Sub-Registrar for registration.

• Stamp duty and registration fees must be paid at the time of registration. The amount payable varies depending on the value of the property and the prevailing rates in the state.

• After registration, the transfer of ownership will be reflected in the property records maintained by the local authorities. It's essential to ensure that the transfer is updated in all relevant records, including municipal records, property tax records, and land revenue records.

• Update any other documents or records, such as insurance policies, utility bills, and bank records, to reflect the change in ownership.

This is all about how to transfer property to wife.

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Transfer of property can be done in a number of ways but the question is whom do you want to give it to? You can give it to your relatives, legal heirs, spouse and more. The transfer of property from husband to wife in India is perhaps the simplest option and a smart one as well. You will hear cases where after getting the property, children often make their parents’ lives hell. I hence believe it is better to make your spouse the owner so that he/she can live well after your death. If you too want to know the process of transferring property to wife, I can help you out. Let me share the process in detail in this answer.

What is the procedure to transfer property from husband to wife?

There are basically two ways to transfer the property from husband to wife.

1. Through Gift Deed:

   In such a case you can gift the property to your wife and the stamp duty will also be charged very less here.

2. Through Will:

   Will is another way of giving your property to your wife. However, the transfer will come into effect only after your death. Also do remember that you will not have to pay any stamp duty here.

So you can opt for these processes for the transfer of house property to spouse.

You can also opt for General Power of Attorney in your wife’s name. You will need to pay Rs 100 as the stamp duty and Rs 4 as the registration fee.

I hope the methods to transfer of property from husband to wife in India is clear to you now.

My grandfather wanted to give something incredible to my grandmother on their 50th wedding anniversary. He decided he will give his property to her and make her the ultimate owner. He asked my father to get a lawyer and get started with the formalities. I remember my father asked him two questions, can husband transfer property to wife and how to transfer property from husband to wife. The lawyer was his close childhood friend and was patient to talk with him to explain that it was possible to do so and he also explained the complete process. I am going to share it with you:

So he explained that the Transfer of Property Act allows transfer of immovable property through gift deeds in such cases. The catch is that the property should have been registered with the local magistrate or registrar in the presence of two witnesses.

Now that we were clear about this part, we enquired about the process. Here is what he told us:

• A stamp duty has to be paid to the registrar as is done in the case of buying a property

• A gift deed must be drafted in sound mind and it must be registered with the registrar. An unregistered gift deed is invalid and doesn’t ensure the ownership rights of the person who received the property as gift

Just these two things make the transfer of property from husband to wife possible. 

I hope my answer on how to transfer property from husband to wife clears all your doubts.