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Q.

The flat is in my mother's name in Mumbai, & the building will be going under redevelopment so I, her son, will be purchasing additional area by paying to builder so can society add my name as co-owner as I need to take income tax benefit?

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9 months

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As a property owner, you have the option to grant co-ownership of your apartment, flat, house, or land parcel. Adding a co-owner can be done for various reasons, including tax benefits and legal considerations. Let’s explore how you can add a co-owner in Mumbai:

  1. Two Ways to Add a Co-Owner:

    • Gift Deed

      : You can

      gift

      a portion of the property to the intended co-owner. To do this:

      • Execute a

        gift deed

        duly registered with the sub-registrar under whose jurisdiction the property is situated.

      • Pay the required

        stamp duty

        and

        registration charges

        during the gift deed registration.

      • Gifting property to a relative is generally

        non-taxable

        under the purview of gift tax.

    • Sale Deed

      : You can

      sell a portion

      of the property to add a co-owner. For this:

      • Execute a

        sale deed

        duly registered with the sub-registrar under whose jurisdiction the property is situated.

      • Pay the required

        stamp duty

        and

        registration charges

        .

      • Specify the proportion of the share being transferred to the co-owner.

  2. Tax Implications:

    • Adding a co-owner can have

      tax implications

      . Consult a tax advisor to understand the impact on your income tax liability.

    • Ensure that the co-ownership arrangement aligns with your financial goals and tax planning.

  3. Society Approval:

    • To add a co-owner, you’ll need to update the property records with the society.

    • Contact the

      housing society

      and provide them with the necessary documents, including the sale deed or gift deed.

    • The society will verify the documents and update their records accordingly.

  4. Legal Assistance:

    • Seek legal advice to ensure compliance with local laws and to create or execute the appropriate document.

    • Understand the legal rights and responsibilities of both co-owners.

Check out NoBroker Legal services to verify property title, draft sale agreement, deeds, property registration and more

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