Home |Gift Deed | My wife and I own a property in Bangalore in equal partnership. She is an Indian-born, UK citizen while I'm an Indian-born, Indian citizen. We both reside in the UK. I would like to gift my 50% share to her. How do I go about this? Does anything change because of the residential status? can I get my share to her? Does any procedure change because of these circumstances and position?

My wife and I own a property in Bangalore in equal partnership. She is an Indian-born, UK citizen while I'm an Indian-born, Indian citizen. We both reside in the UK. I would like to gift my 50% share to her. How do I go about this? Does anything change because of the residential status? can I get my share to her? Does any procedure change because of these circumstances and position?

PGN Property Management, Real Estate & Documentation Consultant with 21+ years of experience

Answered on October 28,2022

You can register the “Release Deed” to transfer 50% of your share to your wife so your wife becomes 100% shareholder of a property.

Release Deed registration proedure is same for local resident and overseas resident. Both Releasor & Releasee (you and your wife) must present in sub-registrar office to register release deed or can give power of Attorney to regiter on your behalf. In a seperate, we wrote the detailed procedure to give Power of attorney, here is the link to the answer https://www.tesz.in/ask/how-can-i-execute-a-power-of-attorney-deed-in-united-kingdom-for-using-it-in-india-nc30008

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Below is the detailed procedure to register the Release Deed, we gave the below procedure with real example

Husband and wife jointly purchased a 2BHK flat from a builder in Bangalore. It means that husband owns 50% share and wife owns 50% share of a property.

Now husband wants to release 50% of his share to his wife so we executed below Release Deed.

Documents Require for Release Deed Registration:

Registered sale deed (of husband & wife purchased from builder)
Current financial Tax paid receipt
Khata certificate
Aadhar of Releasor & Releasee (This is not applicable for NRI)
PAN of Releasor & Releasee

Draft: Prepared the Release Deed Draft in word file. The draft looks like below images

Government charges:

Below are the government charges for Release deed registration in Karnataka

Stamp Duty: Rs. 5000
Registration fee Rs. 1000
Scanning Fee Rs, 520 (approx)
Affidavit: Rs. 60

Below is the payment receipt (K2 Challan)

We carried the below documents to Sarjapur Sub-registrar office to register the Release deed

Registered sale deed (of husband & wife purchased from builder)
Current financial Tax paid receipt
Khata certificate
Aadhar of Releasor & Releasee (Not applicable for NRI)
PAN of Releasor & Releasee
Printed Release Deed on Document paper
Government charge receipt (K2 Challan )

The sub-registrar officer verified the above documents and approved for registration.

The registering officer asked the Releasor & Releasee to sit at the registration counter. The officer took the photo from webcam, biometric thumb impression, OTP authentication of Releasor & Releasee.

Releasor, Releasee and two witnesses signed the Release Deed. Below is the image of Registered Release Deed,