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Harivansh (Lead)     21 March 2012

Loan against property when co-owner is minor

Hi, This is for a place in Madhya Pradesh. I want to avail loan against property where co-owner is minor. Usually banks does not give loan in this case, but I have heard that SDM can give approval for such type of cases. I want to know if such kind of provision exists? what are they and if not then what should I do if I have to avail this loan against property?


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 1 Replies

Shantilal Pandya ( Advocate)     21 March 2012

A fine distinction  can be  drawn where property is exclusively owned by  a  minor  and the property  belongs to  the undivided family property  where minor  is  a  coowner along with other memebrs of the property , the exclusive property  cannot be  alieanated by the  guardian or karta  of ther minors family , except with  the  permission of the  court , , while  the  joint family property  can be alieanqted by the karta   for  legal necessity of the family  which will bind the minor ,


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