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Divyesh Bajpai   29 July 2017

Property owner ship issue

Hello all My question is related to a flat in pune. Which is on name of my sister's husband. So basically he died in Aug last year after that the family never supported my sister, now she is living with me from that time. So i want to knw one thing as he had a loan for that flat and in flat related documents there is no sub owner like nominee or co borrower. But in loan there his father is the co borrower. So pls let me knw the legal process how can we make this property on my sister's name. And the in PCMC tax payer name is changed to my sister form her husband. We are ready to clear the loan but his family doesn't support for the same.. Pls help..!!!


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 16 Replies

Kumar Doab (FIN)     29 July 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     29 July 2017

 

Succession opens on date of death.

 

In case of succession of Hindu Male; 1st right is of ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…………..

Thus the share of Husband (your Brother in Law) devolves equally upon his surviving ClassI legal heirs

 

 

Kumar Doab (FIN)     29 July 2017

In this case the property is under secured loan and 1st charge is of Bank/lender.

The legal heirs need No one's consent to pay the loan.

They can approach the lender/Bank and affirm to pay the loan.

 

 

 

Kumar Doab (FIN)     29 July 2017

Prior to that Obtain from lender/bank authenticated copies of loan brochure,loan application, loan approval,loan agreement, KYC docs obtained by bank,loan statement from 1st month till last,any insurance covering the loan whose premium is paid by borower....................

 

Lender/bank is under obligation to provide each and every document.

 

If there has been an insurance then Bank/lender shall appropriate the proceeds from it to settle the loan and pay balance if any to legal heirs.

Kumar Doab (FIN)     29 July 2017

The Co-borrower ( father in law of your sister) may stake claim to the extent it has tendered repayment, therefore obtain records from Bank showing any payment by Co-borrower.....

Otherwise he not being ClassI legal heir and ClassI legal heirs being present............He has NO share in property left by his son.

 

 

Kumar Doab (FIN)     29 July 2017

Obtain death certificate, legal heir certificate/affidavit and submit to lender/bank  and authority under whose jurisdiction property falls to update their records and mutations.....

 

The authority might have issued some NOC for loan and may ask NOC from lender/bank....

Krishna. Advocate (Advocate)     29 July 2017

The property of male Hindu died Intestate shall devolve upon the heirs specificied in class 1 of the schedule HSA

Krishna. Advocate (Advocate)     29 July 2017

The property of male Hindu died Intestate shall devolve upon the heirs specificied in class 1 of the schedule HSA

Krishna. Advocate (Advocate)     29 July 2017

The property of male Hindu died Intestate shall devolve upon the heirs specificied in class 1 of the schedule HSA

Kumar Doab (FIN)     29 July 2017

Don't forget to obtain original property title docs and NOC after payment of full loan amount....

Divyesh Bajpai   30 July 2017

Many thanx for the suggestions.. In this case pls let me knw how can we change the name in index 2 of that property to my sister's name..

Divyesh Bajpai   30 July 2017

What are the documents and process to be follow..

Divyesh Bajpai   30 July 2017

In case of succession of Hindu Male; 1st right is of ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters����. For above suggestion, i have a question .. If the family have no contact to the widow and the child of my brother in law. There is no name of his mother in nomination. And there is one more son with her. Den do my sister claim the single authorisation on property?? If yes, by any way den pls help with the guidance..

Kumar Doab (FIN)     30 July 2017

Dear LCI querist @ Mr. Divyesh Bajpai,

Apparently it is some property in some society.

The society can transfer the shares to Nominee.

The nomination in society is not a parallel route to sucession. 

Nominee is not owner.

The contact with each other or NO contact as posted by you,does not matter.

Until or unless anyone say: the Mother does not relinquish her share by a valid/registered deed her share stands................

The society shall let you know of simple and straight forward requirements of docs and procedures.

 

 

 

 

 


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