22 June 2021
The Private Client team at Cyril Amarchand Mangaldas shares their comments and opinions in an article in the following Q&A which was published by the Mint Newspaper on 23rd June, 2021 and the online edition of the same can be found here.
I bought a house in my name in 2007 after marriage. At that time, I had my PAN card and bank accounts in my maiden name. So, the house was registered in my maiden name. Later, I changed the name in my PAN card and bank accounts when I added my husband’s surname to my maiden name. Now, the house is registered in my maiden name, while all my documents and IDs have my husband’s surname added to my name. Will this anomaly create a complication later if I plan to sell the house or plan to bequeath it? What do I need to do to avoid this complication in future?
—Mrs Khare
Typically, a change in maiden name post marriage in India does not create any complication relating to title to assets. Also, assuming that you used your marriage certificate to change your name in other documents, the change in name should not affect any transaction in relation to the said property to that extent.
I recently partitioned my Hindu undivided family and made a partition deed. Should I inform the income tax authorities about it? If yes, how? Is it necessary to get the partition deed registered or notarized?
—Name withheld on request
Yes, you will have to intimate the concerned tax officer about the total partition of the HUF. You can inform him/her by writing a letter, accompanied by a copy of the stamped and signed partition deed. Once you have intimated the officer, he/she will examine the documents and then issue an order confirming the partition. It is recommended that you approach your chartered accountant to assist you in this matter. Please note that if there is a written partition deed and the partition concerns immovable property owned by the HUF, the partition deed will have to be registered and adequate stamp duty will have to be paid on the partition deed to the stamp duty authorities.
For further information, please contact:
Rishabh Shroff, Partner, Cyril Amarchand Mangaldas
rishabh.shroff@cyrilshroff.com
