You must Sign In to post a response.
  • Category: Indian Law

    Apartment registration on wife's name


    Planning to get an apartment on maiden name? Confused whether there is a need to change the name on all documents to maiden name? Read all the advice provided by experts here.

    My uncle is going to buy an apartment for my wife and we didn't take marriage certificate. Her surname is different and there is no official (government issued-PAN card, adhar card or voter card) with my surname. All certificates are with her father's surname. If they buy the property on her father's surname shall we change surname in registered property documents?
  • #148320
    I am a little bit confused regarding your question. Do you want to change the surname of your wife into yours in the registered documents? When her surname is not changed (after marriage), to what do you want to change her surname? Please make your question a little bit clearer.

    According to Indian marriage act also known as Hindu Marriage Act, 1955, you must get your marriage registered to officially record yourselves as wife and husband. Your wife's government issued identity cards also has her surname and not yours. So there is no legal proof to show that you both are married. As per law, you cannot be owner or heir, at least legally for the properties or any other commodities owned by your wife. I would suggest you get your marriage registration certificate and also apply for identity proofs such as PAN, Voter, and Aadhar with your surname included in it.

    If your uncle is buying an apartment on her name, let him buy with her name which appears in official identity proofs. You need not change anythng and the owner's name will be reflected the same as it is in her Aadhaar or PAN card.

    Thank You
    Dr. V. Shashikanth

  • #148326
    Buying and registering an apartment or property in a lady's name has its own benefits

    1.less stamp duty, some places like Jharkand have very little stamp duty (https://www.proptiger.com/guide/post/ low-stamp-duty-will-translate-into-cheaper-houses). You please check this in your city or town. The registrar's office will give you details. Delhi gives at least 1% discount on stamp duty for women vs men buyers.

    2.If not you can consider a joint registration, then she get a better tax deduction claim for EMI paid provided she lives in it.

    3.In case the husband has outstanding dues/huge loans, then the property in wife's name cannot be attached to by claimants in some states.

    4.Home loans are easier with a little better rates for women in some banks, provided she is earning and the property is registered in her name.

    In your case, is your wife earning? how are you planning to declare the source of income for the apartment downpayment/part payment and registration legal expenses.

    I presume, you uncle/father-in-law is buying and gifting it. Your wife still carries her father's name as her surname and all documents of her's have her maiden name( as given before the wedding).

    There are many women who do not change their surnames are their weddings. This should not affect you now.

    Discuss with your CA or tax accountant regarding how the source of funds need to be declared.

    If your marriage is registered (if not please register it), then please let your uncle buy the apartment with the existing IDs, it would better to buy it on her existing name. I think your advisor would be suggesting this purchase to be shown as a gift or property passed on from father to daughter.

  • #148333
    It is not required. If the name on the registered documents is the same as per her Adhaar and Pn card she will have all property rights and nobody can question the ownership.
    It is better if you obtain your marriage certificate. It is not required for this particular purpose. But it may be required for any other issue.

    drrao
    always confident

  • #148339
    Even if your wife keeps her father's surname after marriage, there would be no legal issue in future. However, I would advise you to register your marriage, if already not done. After registration of marriage, it would be very easy and convenient for your wife to change her maiden surname if a need arises in future. She would only have to submit the application requesting the change of surname along with a copy of marriage certificate.

    On the other hand, immovable property in the name of wife would help both of you to get a substantial reduction in property tax.

    Non-violence is the greatest Dharma; So too is all righteous violence

  • #148342
    It is not necessary to change your wife's surname to your surname. She can continue with her surname and any property on her name is legally valid. There is not any law or rule which says that wife should change her surname as per the husband. It is only a tradition as after marriage girls leave their house and start residing with husband in his house.

    Now the most important link document missing in your relationship is marriage certificate which is a legal document showing the date on which you are married and for all future legal purposes it will be taken in cognizance. So you must get your marriage certificate from the concerned authority in your area. Generally it is issued from the SDM/ ADM office of the area where you reside. You have to take all the documents like Aadhar card, self and wife's photograph, legal affidavit that you got married on such an date, proof of your and wife's date of birth, marriage invitation card etc. Along with this you have to take a person who has witnessed your marriage. That person should take his proof of residence and Aadhar card or PAN card with him.

    Knowledge is power.

  • #148343
    First thing I would like to clear that soon after marriage we should have a marriage certificate because its record for all future. Now also you can register your marriage. But meanwhile the apartment can be registered in your wife's name by your surname or however she would like to mention in her marriage certificate. You can give her name every where by your surname henceforth because for example in new bank account you can do that. In my case also we were not able to register our marriage but I had given my name by my husband's surname till my marriage was registered. Because for aadhar card, bank account , they don't ask for marriage certificate so she need not mention maiden name.
    As per your query she can register by your surname meanwhile apply for marriage certificate.

  • #148385
    Thank you for all of you, please clear one more doubt, I heared about PMYA scheme, how this is useful for my Mrs. My salary is below 6 Lcs i.e Lower Income Group-LIG. Will governement will sanction that Rs.2.67Lacs or reducing loan interest 8.35% to 6.79% . Or both Rs.2.67Lacs cashback and reducing loan interest 8.35% to 6.79% . Please clear my doubt. For us, Its first home.

  • #148389
    It's a little tricky, please approach the bank in which you have an account. I'll just give you an outline.

    The Pradhan Manti Awas Yojan, PMAY-HFA scheme, is a housing for all by 2022 scheme.
    If the entire households, income is less 3.01-6 L/annum, then you fall into the Low Income Group. Here it is mandatory for the house owner to be a female, first-time applicant and have no permanent house(pucca property).
    In your case, the maximum subsidy is 2.67 L, interest rate 6.5% and a loan duration of 20 years on a loan amout of 6L.

    The interest subsidy is credited upfront to the borrowers.
    For you to get the maximum subsidy, you will have to take a loan of 6 L (provided that you satisfy all the eligibility criteria under the LIG-PMAY scheme).

    A. Rs6L- Loan amount, duration 20 years, Interest rate:9%, the EMI is around 5398. In 20 years Rs12.95L is what would be the total paid of which the interest comes to 6.95L

    Now if we apply the scheme interest difference 9% vs 6.5, the interest subsidy comes to 2.67L. This is deducted from the loan amount.

    B.Once PMAY-HFA is awarded to you,
    Your loan amount becomes Rs 3.33 Lakhs (6-2.67) on which you would be paying a 9% interest (because the subsidy has already been paid to you). So here, the EMI comes to 2996/month for 20 years. Now you are paying Rs 7,19,040 in total of which the interest component becomes 3,86,040

    So, with the scheme, you have a lesser interest burden and a lesser EMI. Please verify your eligibility and understand the scheme better from an authorised bank for the PMAY.

  • #148420
    At the time of registration of property, the buyer and seller should properly identified by witness and also supporting documents. The recitation of a person is in the fashion XYZ son/ daughter of ;/ wife of ; etc. So even if your wife has her identity documents in her maiden name(with father's surname) and not in your surname, if it is narrated that ....wife of... (your name), then it is self explanatory.

    If you need to change her name replacing her father's surname with your surname, you can do so later following the prescribed and needed procedures for time being then. The attested photos affixed on the deeds bear testimony for the person. Nowadas Aadhaar is needed.s it is biometric, that is authentic and identity can be established at any time.

    For any further transaction on the property she makes, she may need documents to prove her identity with maiden name and married name, with proper witness also.


  • Sign In to post your comments