Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Loan on property

Querist : Anonymous (Querist) 23 May 2018 This query is : Resolved 
An mortgaged property was gift registered by a father in registration office to his daughter,without clearing the loan, After couple of years the loan was repaid and the mortgage loan was released by the father.

Now can the son who got the property can have a fresh loan in the bank.

His father was a Hindu.
Querist : Anonymous (Querist) 23 May 2018
Can his younger brothers has right on the property
Ms.Usha Kapoor (Expert) 23 May 2018
Your son cannot get a loan from bank as it has already been gifted to your daughter.
Querist : Anonymous (Querist) 23 May 2018
Thank you Usha Kapoor ji.
Querist : Anonymous (Querist) 23 May 2018
Thank you Usha Kapoor ji.
Guest (Expert) 23 May 2018
Son cannot get any loan on the property already gifted to the daughter by his father. Seemingly, your query is vague, as you have not mentioned, how the son could get the already gifted property to his sister?
Ms.Usha Kapoor (Expert) 23 May 2018
.If your son got any other property apart from gifted property to your daughter can get a fresh loan on that property from the Bank.
Your query is not properly framed. Your son got property you stated. Which property, from which source you didn't mention.Query is lacking in clarity.
Kumar Doab (Expert) 23 May 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Kumar Doab (Expert) 23 May 2018
By which valid/registered deed said son got the property?
The property is free from debt as posted by you.
While under mortgage property was gifted (registered as posted by you) by father (probably owner/title holder at that time). This was probably done by keeping the lender in dark.
If gift was not cancelled by both donor and done by appearing before registering authority..then how could property flow from father (donor) to son ( not a done but yes a legal heir) …
Or if the gift was not revoked by court then how could property flow from father (donor) to son (not a done but yes a legal heir) …
As a son ( legal heir) of deceased father said son can get other properties left undisposed by father and enjoy such other properties (upto his share) in any manner as deemed fit.
He may have to seek consent of other Co-sharers, if there are other Co-sharers.
Kumar Doab (Expert) 23 May 2018
You may post clear facts with your ID in new thread and give reference of this thread.
You can also approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record ….. and worth his/her salt …for help and guidance after considering all docs, inputs in person.

P. Venu (Expert) 23 May 2018
The limited facts posted suggests deeper issues. Please post all the relevant facts and the real issue, if any.
Ms.Usha Kapoor (Expert) 30 June 2018
I agree with Kumar Doab.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :