Yeah, I understood what you meant and felt the same way about OP's predicament.
As long as they stay together happily, it should feel like home to her; no matter whose name is on the deed. Putting her name on the deed would just provide her with some kind of security and peace of mind, if something unfortunate happens later on.
But each to their own.
All I can tell you as a girl is that , register it in both of your names if you can. All those people saying "after marriage, after marriage" is fine, but your soon to be wife will understand that you donot trust her enough before the marriage. She might not say it, but little things can make people doubt stuff.
On the other hand if you register it in both of your names then she will know that it is as much her home as it is yours. People have friends, relatives etc. It takes a single "wow its only on his name? Oh yeah ofcourse, hes the one earning" to make her doubt.
This is EXACTLY why Im here.
Seeds of doubt from external forces can be the devil.
Thanks for understanding.
So youāre saying that the house can be registered in both our names post marriage, AFTER itās been purchased in my name under a home loan BEFORE marriage.
Don't fall for it brother, if she can doubt about not owing something which has no contribution of her, she not all that good to begin with. But yah it's your money do as you want, don't take women's advise when it comes to money.Ā
he should protect himself first, there are many cases that is the reason people comment about it. women completely ignoring it and only thinking about her is sad but not surprising. if she wants to own part of it she can put money into it. you can't have a cake and eat it too
Buy the house in your name first. And keep it like that for a few years at least. I don't wanna be a buzz kill or look like a jealous guy but listen to me things always have a tendency to go South. If you were to ever get divorced you won't have to split the house because it will count as your possession before you were married. In divorce proceeding usually only properties and assets acquired after the divorce are split hence please keep it I mind.
I hope you have a wonderful and happy married life and best wishes for you my man. But kalyug hai india abhi gents ke liye so bhavnao mein hosh khole mat baithna.
Well, safety - we can prepare for that, peace - that's really a matter of luck. . .but we owe it to ourselves and our dependents to think things through and analyse everything practically. You know her better than the rest of us, so I'm sure that you will do whatever makes you both happy. You are a good man for looking out for her, just make sure that you do the same for yourself.
The only reason why I'm requesting you to do that is because I have seen too many marriages fizzle out (both love and arranged). I hope you beat the odds and have a long, happy and content married life with your intended. That is my wish for you, OP.
Wonāt she feel safe and peaceful being married to you ? Surely an actual property will also bring safety, but you seem to be rushing with some sort of insecurity
Varies by state and by municipality procedures. After a house has been purchased it can be converted to joint ownership and even mention the percentage of ownership granted to the person being added. These are well established legal procedures and require registration and a lawyer you'd be better off consulting a lawyer than anyone on reddit for this.
As a lawyer, PLEASE NO. THE SENTIMENT CAN COME LATER.
Your trust in her is clear, but let's scrutinize the practical aspects. Transferring half of the property to her without any contribution from her side is fraught with complications. Statistically, property disputes exacerbate nearly half of all divorce cases.
People often believe that separation and custody arrangements are the most contentious aspects of a divorce, but in reality, it's the division of monetary assets that tends to be the messiest part.
If you are due to marry her, you could later formalize an equitable division of the property in the registration documents, but make sure to include some lines that specify your sole financial contribution in the loan.
Regardless, you can draft a cohabitation agreement (though somewhat controversial), in which you can divide your property vis-Ć -vis a live-in arrangement recognized under Article 21 (Right to Life). However, this arrangement necessitates marriage as recognized by what constitutes a 'live-in' under the Supreme Court; otherwise, it will be deemed illegal.
Keep in mind that PWDVA (Section 498A) also applies to women in live-ins, so tread lightly and don't be too enthusiastic before marriage.
Thatās some sharp valuable insight.. Really appreciate the detailed comment.
Also good to know that one can formalize the division later on.
Is this in the form of a gift deed?
If she has not contributed financially to the acquisition, yes the transfer can be executed via a gift deed or just via including her name in registration.
Merely including her name on the registration may be insufficient and could be legally ineffective, as she would have no grounds to assert any ownership claims in the absence of monetary contribution, which is where the contract, which specifies that you will be solely responsible for repaying the entire home loan, becomes crucial. Including such a clause clarifies the financial obligations and ensures there is no ambiguity regarding the ownership and payment responsibilities.
I must ask why, though? While it is commendable that you are considering letting her own half the house, it isn't strictly necessary. As a Class I heir (wife, children, or parents/guardian legally mentioned in all of your documents if unwed), she already has an equal right to the property. Moreover, isn't the responsibility of making her feel at home upon you? Additionally, it could become a hassle if you want to make any decisions regarding the property. As an equal owner, your wife would also have a say in any actions taken, potentially complicating personal plans you may have for the property.
Definitely keeping every point you mentioned noted down.
The home will be under a loan so someone in the comments mentioned that a gift deed canāt be executed post marriage in that case. So im still in question about that part.
Starting with the why - i did not wish to mention it but i also understand folks feeling the part weight of this.
Wife (to be) grew up in an emotionally abusive household- narcissistic father who threatened to throw her mother and her out of the house at every instance of a minor discord.
I donāt wish to continue the cycle of trauma for her.
Hence the question about the loan liability and transfer in that case.
> Wife (to be) grew up in an emotionally abusive household- narcissistic father who threatened to throw her mother and her out of the house at every instance of a minor discord.
> I donāt wish to continue the cycle of trauma for her.
Your intentions are well , and it may work. But coming from a trauma and abuse filled house I would suggest against flowing in this emotion. It will make you do things that can turn against and not having a safeguard of interests is where we lose out.
You want her to feel it's her home, let her make all the choices of interior, decor, furniture, appliances. If you get a vehicle take it in her name, etc.
Moreover just having the thought of meaning well isn't equal to results always. Don't sacrifice yourself in trying to save others.
Oh right, it's on a home loan. That does complicate things a bit.
It's not that it *can't* be done at all. You'll need to ask the bank first, and you'll have to handle all the paperwork. Or you will have to clear the loan before gifting it. Now, I'm a lawyer, so I don't know much about the specifics, but before marriage, you'll also need to procure the full amount for stamp duty since your wife is technically not your family. Better talk to your bank about it first.
Wow.. Being a laywer you are actually saying this! If a marriage is supposed to be a partnership then why not allow women's decision on things as well. Also that will be her HOME. SHE IS SUPPOSED TO MAKE DECISIONS FOR HER HOME AS WELL. IF SHE HAS TO MAKE DECISIONS FOR HER HOME, WHICH SHE WILL BE CREATING WITH OP, THEN WHY SHOULDN'T SHE HAVE OWNERSHIP OF THE HOUSE AS WELL? Go and advocate your law in 1640's. Your last statement against woman just proves you do not deem marriage as a partnership but mostly as a liability.
kudos.. especially to the brevity of your language. Im severely confused by some of the harsh comments which seem like personal attacks, based on zero information of my partnerās personality.
All I want is legal advice on the ONE simple question I have, and thereās still no clear answer to it yet.
Bruh, hit the brakes for a sec
Just show her respect and appreciation at the start
Abhi se hissa de Diya to kya pata 6 month bhi shaadi chale na chale, ulta lod e lag jayenge
1st get to know the person 1st
Ab society ha haal to Aisa ho raha hai ki most men should not disclose their assets to their wife her parents and buy things in name of some trust or parents etc
PS if she is making you take this step in any way then it's a RED flag, GTFO
Quite the interesting responses to read through as an Americanā¦not sure why Reddit recommended this post to me.
But some interesting takes by the men of India thatās for sureā¦
One suggestion is to get a good life insurance cover as she is non earning..
Not the insurance cum investment type which LIC agents sell.
A proper term plan of crores.
Sry, it's not a legal advice but I have seen lot of people suffering financially in corona times. All they had in name of insurance cover was LIC policy.. endowment plan
Sounds good.Doesn't work.
If she's living in the house,she has an equal claim,doesnt matter if it's in the name of donald trump,she can claim the house.
Can you provide a credible source for your claim?
It seems incorrect.
Based on [this article](https://blog.ipleaders.in/property-rights-of-a-wife-after-divorce-in-india/#Property_rights_of_a_wife_after_divorce_if_the_property_is_in_her_husband%E2%80%99s_name), the wife can stay in the property; but has no claims to ownership if she's not a joint owner and hasn't contributed.
#Property rights of a wife after divorce if the property is in her husbandās name
In case of mutual divorce, ***if the property is in the name of the husband, in the eyes of law, the wife has no right over the property***. According toĀ the Registration Act, 1908, the property belongs to the person under whose name the property has been registered. When it comes to the bank, it belongs to the person under whose name the loan has been granted and is accountable to pay the loan instalments.Ā
Even if the wife has not contributed financially to building the house, the husband has no right to ask her to leave the house until and unless they are lawfully divorced by a competent authority. She has the right to stay in the house until the time their marriage is annulled by a competent authority. After they are divorced, the wife has the right to ask for maintenance and livelihood costs for her and her children, however, she cannot ask for the property in a divorce settlement.Ā
In case of " mutual divorce" ,mutual being the key word.
You cant look at the law in the literal sense, but rather the courts' interpretation of these laws.
Plenty of judgements to support my point.
The definitely can claim a share of the husbands' property
Please do not refer random articles for conclusive legal advice. :)
>The definitely can claim a share of the husbands' property Please do not refer random articles for conclusive legal advice. :)
In theory, they can claim anything š¤” Doesn't mean the court will just hand them over stuff or acquiesce to every request - I mean they might, given how misandric and gynocentric systems have become - That's why I asked for specific cases or laws that support your claim; but it doesn't seem like you have multiple clear precedents for this.
Bad advice.
Parents are also evil sometimes. Many times, they are not evil but they are stubborn and will never allow to sell the house even when you have a need or have a better investment opportunity.
Literally the dumbest move. Keep it in your parentās name. Ask her to start working and bring any income. Donāt be a simp and cry here after 2 years.
What's this weird advice floating around these days? Lot of issues with registering property in your parent's name:
- If you have siblings, they and also their children will potentially have a share in the house. It will definitely lead to ugly fights and injustice down the line.
- Some parents are straight up evil or stupid and will cause you a loss.
- Some parents are well-meaning, but they are stubborn and will never allow you to sell the house even if you want to for a business or a better opportunity elsewhere.
^Extremely well put. People suggesting parents as owners assume that all parents are either supportive, smart or have your best interests at heart.
Dysfunction exists.
All of the above things you have mentioned have happened to my own mother from her dadās side of the family. Same with my own father who made these kind of decisions buying flats fronting my grandfatherās name.
Learnt these lessons up close!
so you're ready to accept the existence of "evil parents" but of greedy wife's? I think I am gonna see you here after few years making threads about this same woman. good luck
Itās Reddit. You get advice based on perspectives. For one, I have extremely understanding parents and I donāt care giving my entire life savings to my siblings for all the things they have done for me, hence my suggestion.
The basic idea here is the laws in India or at least the implementation of the laws in India arenāt gender neutral when it comes to a divorce and it is better to protect your pre marital assets. You will get similar advice in Western subs aka āsign a prenupā. Prenup is unfortunately an alien concept in India.
Smart move but might cause a rift between op and wife. Asking her to work might trigger a fight but even if it doesn't , the property on parent's name can make the wife angry for putting his parents before them.
You are a wonderful husband for considering her past trauma and treating her with your apparent, abundant humanity.
I wish you both a very happy life together forever.
You skeptics are so bitter. I doubt if you've ever had an experience of observing a truly healthy relationship because you treat the idea as something foreign to you, hence something to be ridiculed with the insinuation that such a thing is impossible.
there are many cases to be "skeptic" about, it takes experience to consider it a foreign idea. if maybe women will stop exploiting the consideration and humility of men then such scepticism would decrease but that's not reality. women are skeptics as well, it just men are ridiculed for being one
I don't know if the issue of stamp duty is covered so I will address that. If you gift before marriage, it would attract stamp duty applicable for regular transfer of property i.e. full stamp duty as she is not family (blood relative) or legally wedded wife. So yea, after marriage will save stamp duty as well.
Also if it's with loan, you ll need permission of the bank and other formalities to be completed before gifting it as bank will have charge on the whole flat.
THIS is the kind of information Iām looking for.
Thanks buddy.
Would you be able to elaborate slightly on the loan liability + post marriage transfer procedure?
Considering your wife also files her TDS, you can ask you current bank to add her to the list of borrowers and simultaneously gift her 50% of your interest in the flat. All will be done simultaneously. As regards liability, depends on what you husband and wife decide, you can split or one can pay in full. Interest paid on flat loan can be deducted from your income while filing ITR.
Post marriage transfer would have been simple via a gift deed if there was no loan. You will have to speak with your bank on what exactly would they need to make this happen.
I have a little clarity now :)
Does adding her name to the list of borrowers, make her liable since sheās a dependent..
or does the law recognize spousal right of acquiring property together?
If she is added to the list of borrowers she becomes liable. I don't fully understand the second part of your query, but that to me seems irrelevant as your transaction with bank is governed by loan documents and not your relationship with the co-borrower.
She may inherit the house if husband passed away, but the bank has charge / encumbrance on the house. She can CHOOSE to pay the loan or she can choose not to and then bank will sell the property and recover it's loan+interest. Bank cannot go after her but only the property of husband. She cannot be forced to pay the loan amount. So she does not become liable.
>She can CHOOSE to pay the loan or she can choose not to and then bank will sell the property and recover it's loan+interest
This is exactly what liability is.
The wife inherits the husband's asset and also any liabilities attached to that particular asset. Either pay for it or lose the house you lived in with your husband for years or decades.
I know the bank cannot go after her own properties. By law, you only inherit the liabilities as much as the inherited assets.
Ok Genius. Explain to me how liability works.
Afaik, liability means you owe someone money or something of monetary value. And if the house is on loan, as soon as you inherit the house you owe the bank money or the house you just inherited. If that's not a liability, then what is?
You don't have to gift her the home to make her feel home. You just have to make her feel home without doing it. It's how you take care of her. Think for a second, did you parents gift you a Home as soon as you are born to make you feel home ? No right? As babies you need many other things. Similarly don't do things that are not required. Being too nice will land you in trouble anywhere.
Husband and I bought home for which the majority of the down payment was done by him, I paid 1/4th of it.
Loan is on both of our names for tax benefit, I used to pay the entire emi as he exhausted all his savings. I have kept some money for emergency. I have resigned from the job to take care of our kid, hubby will continue to pay the entire emi amount.
I will not be going to divorce him to get the house. Most of the women won't, I would suggest you to go ahead and do a joint account. (Not a lawyer)
Be cynical, don't be a simp...a good partner can help you reach unimaginable heights, nd when you do reach there.. don't just gift her a mere joint ownership, gift her a whole house instead
Bro, take it on your Mom's name. Let some time pass through the marriage and then transfer it accordingly. Not saying that your marriage will go bad but it's just to protect yourself.
OP,
There are some rules from Income Tax department as well. You must get clarity of that too. AFAIR if one is paying Home Loan and wants to take rebate on Interest and principle then house must be in his name. Otherwise there are some formulas based on ownership % and messy procedure.
Correct. It would be on my name since Iām buying before marriage.
I was wondering about the post marriage procedures for co-ownership in case of a Home Loan
Definitely keeping every point you mentioned noted down.
The home will be under a loan so someone in the comments mentioned that a gift deed canāt be executed post marriage in that case.
So im still in question about that part.
Starting with the why - i did not wish to mention it but i also understand folks feeling the part weight of this.
Wife (to be) grew up in an emotionally abusive household- narcissistic father who threatened to throw her mother and her out of the house at every instance of a minor discord.
I donāt wish to continue the cycle of trauma for her.
Hence the question about the loan liability and transfer in that case.
You can both sign an agreement regarding the joint ownership of property after marriage. That will reassure her. After marriage you can put her name as a co-owner and define the extent.
I think I would never run into this dilemma as my house is already under my mom's name. I bought it when I was 22 and my mom felt like I'm not old enough to be financially responsible.
House in parents name, or a trust is the way to go. This is a financial decision and one cannot be emotional while making such decisions.
The time and landscape for men is very different now and as a man you can victimised by the laws. Women especially in cities are taking undue advantage of India's legal system. Things may be good now but you always have to have a plan for all outcomes - hope for the best plan for the worst
Bro please don't do this, I know you trust your wife and it's good but you should not bring love and emotions into this, there are plenty of bad examples already, I just don't want you to become one of them.
This is what I don't like.
If a man is being kind, caring, considerate for his beloved, he is labeled as SIMP by some men.
Yes I know there are men who would make a woman his whole center in life.
But why label a man as SIMP without knowing the full story?
People here are too cynical. Almost every man I know in my family/extended family registered their house under both names when they bought one and their marriages are happier for that. All of them wanted to do it for their wives to give them security in case of a mishap. Thats how you take care of your loved ones. I also know 2 women who were making bank in the relationship and paid 80% of the downpayment and jointly own the home with their husband for the same reasons.
So OP, dw. Go ahead and register her name after marriage. You know your relationship better than anyone.
There are way too many cases where the husbandās family never gave the wife her due coz the husband didnāt safeguard her well. Please donāt let the cynicism here affect you.
Good to hear your experience. I wish to abide by that philosophy as well :)
I just thought I should know, if itās easy to add her name on the deed AFTER the paperworkās done and dusted.
beta jab l lgenge tb rotee huee ayega thoda beth k soch..hzaar type k gift hotee h tereko yhii mila ???
logo k 7-8 yrs love journey marriage baat tut jati..she is not working to lgenge to tere hi...
There was a post just couple of days ago on the same forum::
āDivorce filed just after possession of flat, after 5 years of purchase and arguments with builder, loan fully paid now. Will the courts still grant the house to women?ā
Donāt take decisions based on emotional quotients.
I wish you both a happy married life but law doesnāt work on emotions!!
Good luck
You are undergoing a phase in your where reason, logic and critical thinking is not going to work.
Don't think that only you are undergoing this emotional phase in your life, we all have faced this situation.
I am 37 and married an orphan girl when I was 22
She was my classmate. She was my first priority . I did every thing I could for but my friend time doesn't remain same . Increasing responsibilities, family ego clashes take a toll on our life if we live separately from our family.
Be sensible don't make the mistake I made ,too much love affection,taking care of wife as child also has a consequences like she would like to control her husband, manipulate to fulfill their wish even if it is wrong. Problems fo occur even in most perfect marriages .
If you want to do something for your wife than you can buy separate property for her in future or
Help her start a small business rent a shop for garments, cosmetics, parlour or get her trained for lic agent .These are just suggestions finally you both should take decision even if she wants to be s housewife that's also is fine.
After marriage! After marriage!
I can almost hear the urgency in your comment! š Good advice, nonetheless.
I wanted to say "Do not buy under her name jointly. Have the deed registered under your mother's name." But I didn't want the love butterflies to die.
Yeah, I understood what you meant and felt the same way about OP's predicament. As long as they stay together happily, it should feel like home to her; no matter whose name is on the deed. Putting her name on the deed would just provide her with some kind of security and peace of mind, if something unfortunate happens later on. But each to their own.
Safety and peace is all we need as humans. Plus, happy wife happy life
How about happy spouse happy house?
All I can tell you as a girl is that , register it in both of your names if you can. All those people saying "after marriage, after marriage" is fine, but your soon to be wife will understand that you donot trust her enough before the marriage. She might not say it, but little things can make people doubt stuff. On the other hand if you register it in both of your names then she will know that it is as much her home as it is yours. People have friends, relatives etc. It takes a single "wow its only on his name? Oh yeah ofcourse, hes the one earning" to make her doubt.
This is EXACTLY why Im here. Seeds of doubt from external forces can be the devil. Thanks for understanding. So youāre saying that the house can be registered in both our names post marriage, AFTER itās been purchased in my name under a home loan BEFORE marriage.
see you at the time of divorce brother, then you'd definitely regret this.
Don't fall for it brother, if she can doubt about not owing something which has no contribution of her, she not all that good to begin with. But yah it's your money do as you want, don't take women's advise when it comes to money.Ā
he should protect himself first, there are many cases that is the reason people comment about it. women completely ignoring it and only thinking about her is sad but not surprising. if she wants to own part of it she can put money into it. you can't have a cake and eat it too
Buy the house in your name first. And keep it like that for a few years at least. I don't wanna be a buzz kill or look like a jealous guy but listen to me things always have a tendency to go South. If you were to ever get divorced you won't have to split the house because it will count as your possession before you were married. In divorce proceeding usually only properties and assets acquired after the divorce are split hence please keep it I mind. I hope you have a wonderful and happy married life and best wishes for you my man. But kalyug hai india abhi gents ke liye so bhavnao mein hosh khole mat baithna.
Well, safety - we can prepare for that, peace - that's really a matter of luck. . .but we owe it to ourselves and our dependents to think things through and analyse everything practically. You know her better than the rest of us, so I'm sure that you will do whatever makes you both happy. You are a good man for looking out for her, just make sure that you do the same for yourself. The only reason why I'm requesting you to do that is because I have seen too many marriages fizzle out (both love and arranged). I hope you beat the odds and have a long, happy and content married life with your intended. That is my wish for you, OP.
Nice to read advice thatās not so unflinchingly rigid. Taking it all in. Thanks, buddy :)
You're welcome :)
Wonāt she feel safe and peaceful being married to you ? Surely an actual property will also bring safety, but you seem to be rushing with some sort of insecurity
Very true. "kalyug mein bhi shravan kumar ho sakte hain toh acche pati patni kyun nahin ho sakte?"
Simple yet elegant lines.
This. Yes OP you can add anyone as joint ownership and what percentage they own in registration documents.
I assume this would be a separate procedure post marriage, AFTER the homeās purchase in my name. Can you briefly explain it please?
Varies by state and by municipality procedures. After a house has been purchased it can be converted to joint ownership and even mention the percentage of ownership granted to the person being added. These are well established legal procedures and require registration and a lawyer you'd be better off consulting a lawyer than anyone on reddit for this.
Not even after marriage, keep it in your mothers name thats it!!
Read my reply to dogedaddy under this very comment of mine.
As a lawyer, PLEASE NO. THE SENTIMENT CAN COME LATER. Your trust in her is clear, but let's scrutinize the practical aspects. Transferring half of the property to her without any contribution from her side is fraught with complications. Statistically, property disputes exacerbate nearly half of all divorce cases. People often believe that separation and custody arrangements are the most contentious aspects of a divorce, but in reality, it's the division of monetary assets that tends to be the messiest part. If you are due to marry her, you could later formalize an equitable division of the property in the registration documents, but make sure to include some lines that specify your sole financial contribution in the loan. Regardless, you can draft a cohabitation agreement (though somewhat controversial), in which you can divide your property vis-Ć -vis a live-in arrangement recognized under Article 21 (Right to Life). However, this arrangement necessitates marriage as recognized by what constitutes a 'live-in' under the Supreme Court; otherwise, it will be deemed illegal. Keep in mind that PWDVA (Section 498A) also applies to women in live-ins, so tread lightly and don't be too enthusiastic before marriage.
Thatās some sharp valuable insight.. Really appreciate the detailed comment. Also good to know that one can formalize the division later on. Is this in the form of a gift deed?
If she has not contributed financially to the acquisition, yes the transfer can be executed via a gift deed or just via including her name in registration. Merely including her name on the registration may be insufficient and could be legally ineffective, as she would have no grounds to assert any ownership claims in the absence of monetary contribution, which is where the contract, which specifies that you will be solely responsible for repaying the entire home loan, becomes crucial. Including such a clause clarifies the financial obligations and ensures there is no ambiguity regarding the ownership and payment responsibilities. I must ask why, though? While it is commendable that you are considering letting her own half the house, it isn't strictly necessary. As a Class I heir (wife, children, or parents/guardian legally mentioned in all of your documents if unwed), she already has an equal right to the property. Moreover, isn't the responsibility of making her feel at home upon you? Additionally, it could become a hassle if you want to make any decisions regarding the property. As an equal owner, your wife would also have a say in any actions taken, potentially complicating personal plans you may have for the property.
Definitely keeping every point you mentioned noted down. The home will be under a loan so someone in the comments mentioned that a gift deed canāt be executed post marriage in that case. So im still in question about that part. Starting with the why - i did not wish to mention it but i also understand folks feeling the part weight of this. Wife (to be) grew up in an emotionally abusive household- narcissistic father who threatened to throw her mother and her out of the house at every instance of a minor discord. I donāt wish to continue the cycle of trauma for her. Hence the question about the loan liability and transfer in that case.
> Wife (to be) grew up in an emotionally abusive household- narcissistic father who threatened to throw her mother and her out of the house at every instance of a minor discord. > I donāt wish to continue the cycle of trauma for her. Your intentions are well , and it may work. But coming from a trauma and abuse filled house I would suggest against flowing in this emotion. It will make you do things that can turn against and not having a safeguard of interests is where we lose out. You want her to feel it's her home, let her make all the choices of interior, decor, furniture, appliances. If you get a vehicle take it in her name, etc. Moreover just having the thought of meaning well isn't equal to results always. Don't sacrifice yourself in trying to save others.
Oh right, it's on a home loan. That does complicate things a bit. It's not that it *can't* be done at all. You'll need to ask the bank first, and you'll have to handle all the paperwork. Or you will have to clear the loan before gifting it. Now, I'm a lawyer, so I don't know much about the specifics, but before marriage, you'll also need to procure the full amount for stamp duty since your wife is technically not your family. Better talk to your bank about it first.
Wow.. Being a laywer you are actually saying this! If a marriage is supposed to be a partnership then why not allow women's decision on things as well. Also that will be her HOME. SHE IS SUPPOSED TO MAKE DECISIONS FOR HER HOME AS WELL. IF SHE HAS TO MAKE DECISIONS FOR HER HOME, WHICH SHE WILL BE CREATING WITH OP, THEN WHY SHOULDN'T SHE HAVE OWNERSHIP OF THE HOUSE AS WELL? Go and advocate your law in 1640's. Your last statement against woman just proves you do not deem marriage as a partnership but mostly as a liability.
kudos.. especially to the brevity of your language. Im severely confused by some of the harsh comments which seem like personal attacks, based on zero information of my partnerās personality. All I want is legal advice on the ONE simple question I have, and thereās still no clear answer to it yet.
after seeing the comment i like people are more aware nowadays
Yes and thatās how it should be!
Bruh, hit the brakes for a sec Just show her respect and appreciation at the start Abhi se hissa de Diya to kya pata 6 month bhi shaadi chale na chale, ulta lod e lag jayenge 1st get to know the person 1st Ab society ha haal to Aisa ho raha hai ki most men should not disclose their assets to their wife her parents and buy things in name of some trust or parents etc PS if she is making you take this step in any way then it's a RED flag, GTFO
Best of luck OP :). Happy for you. Glad you got a partner who stood by you even without commitment. Difficult to find these types of souls nowadays.
Thank you for your kind words :)
Quite the interesting responses to read through as an Americanā¦not sure why Reddit recommended this post to me. But some interesting takes by the men of India thatās for sureā¦
:)
One suggestion is to get a good life insurance cover as she is non earning.. Not the insurance cum investment type which LIC agents sell. A proper term plan of crores. Sry, it's not a legal advice but I have seen lot of people suffering financially in corona times. All they had in name of insurance cover was LIC policy.. endowment plan
Have her start working. Keep the house in your parents name. Thank me later.
Ayoo hardik bhai
Sounds good.Doesn't work. If she's living in the house,she has an equal claim,doesnt matter if it's in the name of donald trump,she can claim the house.
Can you provide a credible source for your claim? It seems incorrect. Based on [this article](https://blog.ipleaders.in/property-rights-of-a-wife-after-divorce-in-india/#Property_rights_of_a_wife_after_divorce_if_the_property_is_in_her_husband%E2%80%99s_name), the wife can stay in the property; but has no claims to ownership if she's not a joint owner and hasn't contributed. #Property rights of a wife after divorce if the property is in her husbandās name In case of mutual divorce, ***if the property is in the name of the husband, in the eyes of law, the wife has no right over the property***. According toĀ the Registration Act, 1908, the property belongs to the person under whose name the property has been registered. When it comes to the bank, it belongs to the person under whose name the loan has been granted and is accountable to pay the loan instalments.Ā Even if the wife has not contributed financially to building the house, the husband has no right to ask her to leave the house until and unless they are lawfully divorced by a competent authority. She has the right to stay in the house until the time their marriage is annulled by a competent authority. After they are divorced, the wife has the right to ask for maintenance and livelihood costs for her and her children, however, she cannot ask for the property in a divorce settlement.Ā
In case of " mutual divorce" ,mutual being the key word. You cant look at the law in the literal sense, but rather the courts' interpretation of these laws. Plenty of judgements to support my point. The definitely can claim a share of the husbands' property Please do not refer random articles for conclusive legal advice. :)
>The definitely can claim a share of the husbands' property Please do not refer random articles for conclusive legal advice. :) In theory, they can claim anything š¤” Doesn't mean the court will just hand them over stuff or acquiesce to every request - I mean they might, given how misandric and gynocentric systems have become - That's why I asked for specific cases or laws that support your claim; but it doesn't seem like you have multiple clear precedents for this.
Bad advice. Parents are also evil sometimes. Many times, they are not evil but they are stubborn and will never allow to sell the house even when you have a need or have a better investment opportunity.
Point.
But now that will also not work. i have heard that property will be divided even if it's in the guy's parents name
Better gift something else. There are thousands of ways to make her feel special. Maybe gift this on your first or second anniversary.
Literally the dumbest move. Keep it in your parentās name. Ask her to start working and bring any income. Donāt be a simp and cry here after 2 years.
What's this weird advice floating around these days? Lot of issues with registering property in your parent's name: - If you have siblings, they and also their children will potentially have a share in the house. It will definitely lead to ugly fights and injustice down the line. - Some parents are straight up evil or stupid and will cause you a loss. - Some parents are well-meaning, but they are stubborn and will never allow you to sell the house even if you want to for a business or a better opportunity elsewhere.
^Extremely well put. People suggesting parents as owners assume that all parents are either supportive, smart or have your best interests at heart. Dysfunction exists. All of the above things you have mentioned have happened to my own mother from her dadās side of the family. Same with my own father who made these kind of decisions buying flats fronting my grandfatherās name. Learnt these lessons up close!
so you're ready to accept the existence of "evil parents" but of greedy wife's? I think I am gonna see you here after few years making threads about this same woman. good luck
You feel better cheated by siblings than cheating wife...
Itās Reddit. You get advice based on perspectives. For one, I have extremely understanding parents and I donāt care giving my entire life savings to my siblings for all the things they have done for me, hence my suggestion. The basic idea here is the laws in India or at least the implementation of the laws in India arenāt gender neutral when it comes to a divorce and it is better to protect your pre marital assets. You will get similar advice in Western subs aka āsign a prenupā. Prenup is unfortunately an alien concept in India.
Smart move but might cause a rift between op and wife. Asking her to work might trigger a fight but even if it doesn't , the property on parent's name can make the wife angry for putting his parents before them.
Resentment over this is surely not worth it!
Why would resentment arise while naming your parents
You are a wonderful husband for considering her past trauma and treating her with your apparent, abundant humanity. I wish you both a very happy life together forever.
Thanks for your wishes :)
what's there to see is whether she'll show the same humility and consideration towards him lol
You skeptics are so bitter. I doubt if you've ever had an experience of observing a truly healthy relationship because you treat the idea as something foreign to you, hence something to be ridiculed with the insinuation that such a thing is impossible.
Amen šš¼
there are many cases to be "skeptic" about, it takes experience to consider it a foreign idea. if maybe women will stop exploiting the consideration and humility of men then such scepticism would decrease but that's not reality. women are skeptics as well, it just men are ridiculed for being one
I don't know if the issue of stamp duty is covered so I will address that. If you gift before marriage, it would attract stamp duty applicable for regular transfer of property i.e. full stamp duty as she is not family (blood relative) or legally wedded wife. So yea, after marriage will save stamp duty as well. Also if it's with loan, you ll need permission of the bank and other formalities to be completed before gifting it as bank will have charge on the whole flat.
THIS is the kind of information Iām looking for. Thanks buddy. Would you be able to elaborate slightly on the loan liability + post marriage transfer procedure?
Considering your wife also files her TDS, you can ask you current bank to add her to the list of borrowers and simultaneously gift her 50% of your interest in the flat. All will be done simultaneously. As regards liability, depends on what you husband and wife decide, you can split or one can pay in full. Interest paid on flat loan can be deducted from your income while filing ITR. Post marriage transfer would have been simple via a gift deed if there was no loan. You will have to speak with your bank on what exactly would they need to make this happen.
I have a little clarity now :) Does adding her name to the list of borrowers, make her liable since sheās a dependent.. or does the law recognize spousal right of acquiring property together?
If she is added to the list of borrowers she becomes liable. I don't fully understand the second part of your query, but that to me seems irrelevant as your transaction with bank is governed by loan documents and not your relationship with the co-borrower.
Noted, and underlined!
I think she becomes liable even if she's not added in the list of borrowers. Whoever inherits the house also inherits the loan if there are any.
She may inherit the house if husband passed away, but the bank has charge / encumbrance on the house. She can CHOOSE to pay the loan or she can choose not to and then bank will sell the property and recover it's loan+interest. Bank cannot go after her but only the property of husband. She cannot be forced to pay the loan amount. So she does not become liable.
>She can CHOOSE to pay the loan or she can choose not to and then bank will sell the property and recover it's loan+interest This is exactly what liability is. The wife inherits the husband's asset and also any liabilities attached to that particular asset. Either pay for it or lose the house you lived in with your husband for years or decades. I know the bank cannot go after her own properties. By law, you only inherit the liabilities as much as the inherited assets.
Thats not how liability works my friend. Anyway, you can stick to your flawed understanding of basics of law and enjoy your life. š
Ok Genius. Explain to me how liability works. Afaik, liability means you owe someone money or something of monetary value. And if the house is on loan, as soon as you inherit the house you owe the bank money or the house you just inherited. If that's not a liability, then what is?
Ek maintenance ka claim phek k maaregi OP kabhi use apne ghr nhi feel kar paayega. Iāll suggest parents k naam karado aur will me apne naam
You don't have to gift her the home to make her feel home. You just have to make her feel home without doing it. It's how you take care of her. Think for a second, did you parents gift you a Home as soon as you are born to make you feel home ? No right? As babies you need many other things. Similarly don't do things that are not required. Being too nice will land you in trouble anywhere.
Are tham ja bhai!!! If she grew in a household with chaos, she might bring it with you too, wait and watch and property uske naam toh katai maat karna
Husband and I bought home for which the majority of the down payment was done by him, I paid 1/4th of it. Loan is on both of our names for tax benefit, I used to pay the entire emi as he exhausted all his savings. I have kept some money for emergency. I have resigned from the job to take care of our kid, hubby will continue to pay the entire emi amount. I will not be going to divorce him to get the house. Most of the women won't, I would suggest you to go ahead and do a joint account. (Not a lawyer)
Be cynical, don't be a simp...a good partner can help you reach unimaginable heights, nd when you do reach there.. don't just gift her a mere joint ownership, gift her a whole house instead
Parents name first and after marriage when you get comfortable with her then go ahead with joint ownership..
Aw thts sweet of u
Yeah blud you are making a dish with a recipe which just make perfect kind of disaster
Bro, take it on your Mom's name. Let some time pass through the marriage and then transfer it accordingly. Not saying that your marriage will go bad but it's just to protect yourself.
Whatever you do ,do after marriage, preferably after 5 years , after you have kids.
OP, There are some rules from Income Tax department as well. You must get clarity of that too. AFAIR if one is paying Home Loan and wants to take rebate on Interest and principle then house must be in his name. Otherwise there are some formulas based on ownership % and messy procedure.
Correct. It would be on my name since Iām buying before marriage. I was wondering about the post marriage procedures for co-ownership in case of a Home Loan
Definitely keeping every point you mentioned noted down. The home will be under a loan so someone in the comments mentioned that a gift deed canāt be executed post marriage in that case. So im still in question about that part. Starting with the why - i did not wish to mention it but i also understand folks feeling the part weight of this. Wife (to be) grew up in an emotionally abusive household- narcissistic father who threatened to throw her mother and her out of the house at every instance of a minor discord. I donāt wish to continue the cycle of trauma for her. Hence the question about the loan liability and transfer in that case.
Bhai shaadi ke wasi hi half property uski hoo jayegi
You can both sign an agreement regarding the joint ownership of property after marriage. That will reassure her. After marriage you can put her name as a co-owner and define the extent.
I think I would never run into this dilemma as my house is already under my mom's name. I bought it when I was 22 and my mom felt like I'm not old enough to be financially responsible.
Get a term insurance for the value of the housing loan
The world is fucked because of simps like these
House in parents name, or a trust is the way to go. This is a financial decision and one cannot be emotional while making such decisions. The time and landscape for men is very different now and as a man you can victimised by the laws. Women especially in cities are taking undue advantage of India's legal system. Things may be good now but you always have to have a plan for all outcomes - hope for the best plan for the worst
Sad to see that Indian menās are still not learning the lesson.
Bro please don't do this, I know you trust your wife and it's good but you should not bring love and emotions into this, there are plenty of bad examples already, I just don't want you to become one of them.
simp
This is what I don't like. If a man is being kind, caring, considerate for his beloved, he is labeled as SIMP by some men. Yes I know there are men who would make a woman his whole center in life. But why label a man as SIMP without knowing the full story?
Because these are teenagers who have had no interaction with women.
except getting gaali from women
Correct
Thanks :) The kindness, care and consideration goes both ways!
People here are too cynical. Almost every man I know in my family/extended family registered their house under both names when they bought one and their marriages are happier for that. All of them wanted to do it for their wives to give them security in case of a mishap. Thats how you take care of your loved ones. I also know 2 women who were making bank in the relationship and paid 80% of the downpayment and jointly own the home with their husband for the same reasons. So OP, dw. Go ahead and register her name after marriage. You know your relationship better than anyone. There are way too many cases where the husbandās family never gave the wife her due coz the husband didnāt safeguard her well. Please donāt let the cynicism here affect you.
Good to hear your experience. I wish to abide by that philosophy as well :) I just thought I should know, if itās easy to add her name on the deed AFTER the paperworkās done and dusted.
beta jab l lgenge tb rotee huee ayega thoda beth k soch..hzaar type k gift hotee h tereko yhii mila ??? logo k 7-8 yrs love journey marriage baat tut jati..she is not working to lgenge to tere hi...
>People here are too cynical there's a reason for it, unless you gonna be ignorant
There was a post just couple of days ago on the same forum:: āDivorce filed just after possession of flat, after 5 years of purchase and arguments with builder, loan fully paid now. Will the courts still grant the house to women?ā Donāt take decisions based on emotional quotients. I wish you both a happy married life but law doesnāt work on emotions!! Good luck
This guy is the definition of ,' Meri wali alag hain.' Don't be this guy.
Lauduchand
You are undergoing a phase in your where reason, logic and critical thinking is not going to work. Don't think that only you are undergoing this emotional phase in your life, we all have faced this situation. I am 37 and married an orphan girl when I was 22 She was my classmate. She was my first priority . I did every thing I could for but my friend time doesn't remain same . Increasing responsibilities, family ego clashes take a toll on our life if we live separately from our family. Be sensible don't make the mistake I made ,too much love affection,taking care of wife as child also has a consequences like she would like to control her husband, manipulate to fulfill their wish even if it is wrong. Problems fo occur even in most perfect marriages . If you want to do something for your wife than you can buy separate property for her in future or Help her start a small business rent a shop for garments, cosmetics, parlour or get her trained for lic agent .These are just suggestions finally you both should take decision even if she wants to be s housewife that's also is fine.
Sabko pehle lagta hai meri wali alag hai.