Can half portion in mortigaged property be gifted to my bro
Querist :
Anonymous
(Querist) 19 July 2020
This query is : Resolved
Hello,
I have 3 lakhs loan against my property in bank and is going to get complete within 2 years. I am paying properly. Now can I gift the half portion of my property to my own brother, it is immovable property and he had released his part to me for loan sake. Now I want to give his part to him. Can I?
Guest
(Expert) 20 July 2020
For any action in an mortgaged property the consent of the Lender the Banker in your case would be mandatory. Check and Confirm with your concerned Banker regarding this.
Dr J C Vashista
(Expert) 20 July 2020
Gift can be registered after removal of its encumbrance i.e., release of documents mortgaged with Bank.
Querist :
Anonymous
(Querist) 20 July 2020
Sir, what if the gift deed is already registered for half portion and khata is also transfered. Now loan is getting closed in a month. Can i do any affidavit and register in SRO along with discharge deed, so that the gift deed become valid. (One of the lawyer suggested this. )
If no, then please suggest what to do 🙏.
He wants to build house in his portion so please suggest.
Guest
(Expert) 20 July 2020
Once the mortgage is cancelled there could be no issues. Show all the Documents to an local Senior Advocate and seek the opinion.
P. Venu
(Expert) 20 July 2020
Technically, the gift is possible. However, the gifted property would continue to be encumbered by the mortgage with the bank.
Querist :
Anonymous
(Querist) 20 July 2020
Will the affidavit work. Please suggest. I just want to be confirmed that later no problem comes
Rajendra K Goyal
(Expert) 20 July 2020
In your query you had mentioned that loan is going to be closed in two years while in your later post you mentioned that loan would be closed in a month.
Also in your query you have mentioned “ Now can I gift the half portion of my property to my own brother,”
In your subsequent post you mentioned” what if the gift deed is already registered for half portion and khata is also transfered.”
Were you checking the knowledge of experts?
Were you trying to play hide and seek game with experts?
What was the intention for not posting actual facts in your first post?
A good effort /attempt to make a joke of this free site which is basically meant to assist needy.
Querist :
Anonymous
(Querist) 20 July 2020
Very sorry for that. It was not intentional. I just posted query breafly thinking I may or may not get answer. But when I got answer I posted the query. Again I apologize dear sir,
Was just wanted to know gift deed can be done or not. So posted and later given the full details. That's it.
Rajendra K Goyal
(Expert) 20 July 2020
Gift can be done. Ist charge would remain with the Bank with whom it was mortgaged till loan is re-payed. Bank would never give permission to gift a property which is mortgaged with it.
Hemant Agarwal
(Expert) 21 July 2020
LOOKING AT YOUR ANTICS IN YOUR CHANGING QUESTIONS:
1. Both Brothers become Criminally liable to be prosecuted for Cheating, Breach of Trust, Fraud, Mischief, .... more so for swindling the Bank and Registering Gift Deed and having Khata transferred, while the Mortgage is running, that too without the express NOC from Bank or without closing the Mortgage account.
2. You are advised NOT to take law & lawyers as Granted, as per your antics.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Hemant Agarwal
(Expert) 21 July 2020
LOOKING AT YOUR ANTICS IN YOUR CHANGING QUESTIONS:
1. Both Brothers become Criminally liable to be prosecuted for Cheating, Breach of Trust, Fraud, Mischief, .... more so for swindling the Bank and Registering Gift Deed and having Khata transferred, while the Mortgage is running, that too without the express NOC from Bank or without closing the Mortgage account.
2. You are advised NOT to take law & lawyers as Granted, as per your antics.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
