How to Add Name in Property Documents?

My brother bought an apartment a few years back. However, after he got married, he wanted to add his wife’s name in the property documents as a co owner. Hence, he wanted to know how to add name in property in India. As a result, he visited a property lawyer to get suggestions about the same.

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What is the Process of Adding Name to Property Title?

The lawyer told him that a new deed must be drafted to add a co-owner, and it must be registered under the Transfer of Property Act at the sub-registrar's office. Either a sale deed or a gift deed must to accomplish the procedure to add name in property.

• Selling a share of the property to the other person is the first option. By paying the necessary fees, the recipient can utilise this sale document to register as a co-owner of the property. This also needs to be registered at the sub-registrar's office, just like any other sale deed. In most states, the stamp duty rate ranges from 5% to 12% of the value of the property. The registration fee equals 1% of the value of the property.

• Giving the beneficiary a piece of the property is another option to make them a co-owner. In this case, a gift deed needs to be signed and filed with the sub-registrar's office. At the time of registration, stamp duty and registration fees would be due. Together with a 1% registration fee, stamp duty typically accounts for 2% of the value of the property.

How to Add Name on Property that is Under Construction?

The lawyer also told my brother that a builder's consent is required in order to add a co-owner to a property that is still being constructed. You will be required to pay transfer fees for this. However, since you won't subsequently have to pay additional registration and stamp duty fees, it is advised.

I hope this helps you with how to add name in property in India.

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Hi Buddy,

Being a property lawyer, I have often faced clients with questions such as, how to add name in property documents? I usually convey to my clients that at any time in their lives, property owners have the choice to give co-ownership of their homes, flats, apartments, and land parcels. Even if the motivations for taking this action may vary from case to case, the main goal is to avoid disputes that can occur during the distribution of the property following the owner's passing.

A new deed must be written if an owner wants to include a co-owner in his ownership of the property. To be valid under the Transfer of Property Act, this new deed must also be recorded at the sub registrar's office.

The owner may add a co-owner to his property in one of two methods. Either a selling deed or a gift deed may be drafted by him.

• Sale deed: 

This transaction is structured like a standard sale. A new sale document that specifically states the portion of the property that is being transferred in the name of the co-owner must be generated throughout this process. This sale deed needs to be registered at the local sub registrar's office just like any other sale deed. At the time the new sale deed is registered, stamp duty and registration fees will be due.

• Gift deed: 

Property ownership can also be divided by giving the intended beneficiary a portion of the asset. A deed of gift must be signed and properly recorded throughout this process at the sub-office registrar's in the relevant area. At the time the gift deed is registered, stamp duty and registration fees will be due.

• Title that is clear

Make it clear in the new deed how the title will be divided between you and your co-owner. Joint tenancy with right of survivorship would be an option if you wanted to divide it equally. If either of you goes away in this situation, the other automatically becomes the owner. Tenancy in common would be the type of co-ownership in the event of an unequal share.

These are the ways that will help you with how to add spouse name to house title.

The owner must notify the bank of the entire arrangement if he is still paying down a mortgage on the property he intends to partially donate or sell. The bank would have to draft a new home loan agreement in order to add a co-owner, which would then need to be registered after the required stamp duty and registration fees were paid.

Hence, when you are thinking about how to add name to property deed, you should also consider that the bank would insist on including the co-owner as a co-borrower on the mortgage. The bank will follow its regular procedures and investigate the new party's creditworthiness. According to the bank's policies, the owners will be responsible for paying all fees.

It's important to take caution before considering how to add spouse to deed or adding a co-owner to your home. Since it entails expenditures and control difficulties, the original owner must make a carefully considered decision. For instance, the co-owner is the legal owner of the property.

For future sales and distribution of the aforementioned property, the original owner must consult with the co-owners. Additionally, the new owner can choose whether he wants to occupy the home himself or rent it out. Additionally, he is free to sell or encumber his portion of the property. The new deed must expressly state the type of rights you intend to grant the new co-owner in order to prevent these problems.

I would like to conclude here about how to add name in property documents. I hope this helps:)

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