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Writer's picturethelila500
Sep 1, 20223 min read

How a Husband Can Transfer His Property To His Wife After Marriage

Immovable property can be transferred using a gift deed in accordance with section 122 of the Transfer of Property Act, 1882. Both your information and the recipient's information should be included in the deed. Gifting a property, however, is only legal under Section 123 of the Act if the transfer documentation is filed with the registrar or the local magistrate. In the presence of two witnesses, the registration is completed. You must pay stamp duty to the registrar, just as when purchasing real estate property, but the whole process can only be conducted with the guidance of property lawyers In Jaipur. If the property is given to blood relations, state governments may reduce the stamp duty rates, albeit this varies from state to state. The stamp duty is higher and is applied in accordance with the guidelines of a typical transfer of property when the property is gifted to someone outside the family.


Transferring property to your wife can be done through

  • Deed of Sale: You can include your wife's name and the ratio or share of ownership in the new selling deed and get it registered. The registration fee is roughly 1%, whereas the stamp duty is normally in the range of 5–12.5% of the property's market value (varies by state)., but before taking such a take steps you should always take advice from your own Family Lawyers In Jaipur or from whatever city you are from

  • Giving property as a gift deed: Giving it as a gift to someone else is another way to share ownership. You will need to have a gift deed drawn out on stamp paper into this situation, then register it with the registrar's office. A gift to a family member is tax-free. The value of the home is recognized as income and subject to taxation in accordance with the applicable year's income tax laws, if you donate the property to a non-relative, nevertheless. The stamp duty and registration fee are typically each 1% of the property's worth.


Additionally, if your spouse specified a certain part of the property in his will, the testator must distribute the assets in accordance with that specification. However, in order for it to be legally binding, a sale deed must be signed. A will cannot be carried out in the event of an ancestral property because only legal heirs are entitled to the property.

Documents needed for property transfer following husband's passing

  • Inheritance: Will

  • Letter of Administration or Probate

  • certified copy of the testator's death certificate

  • property deed and identification documentation for the person(s) for whom the will transfer is executed

  • Execution of a partition deed among the legal heirs

  • succession authorization

  • Along with the affidavit, a no-obligation certificate from the other heirs or successors is required.

  • certificate from a lineage list

  • Identification documentation for the heirs to whom the property title will be transferred and other papers as required by the relevant state government

Also, the property of your spouse can also be transferred at the time of court marriage as a gift deed when it was being solemnized by a marriage lawyer in Jaipur are from any other city, there are also numerous ways by which a husband can transfer his property to his wife. To know more about such information and knowledge you can contact lead India the best operating firm with their experience and skilled staffed lawyers and counselors who are willing to help you.


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