Need legal help in property related issue.
yogesh
(Querist) 09 February 2012
This query is : Resolved
My mother and I was living in a house which was self acquired by my father. My father died intestate 3 years back. I hav 2 married step brothers as well as 2 married step sisters( all are married and hav children, their mother died long ago, after that my father married to my mother. I am also married. Since a year we had started some property distribution problem. Since i have to renovate the the existing house and construct the first floor and renovate the left over area in the house, I need home loan from bank. For that property must be stood in my name. all other brothers and sister are ready to give relinquishment certificate to transfer the title in my name. But now another problem arise when my mother began to think that if the property title transferred to my name then there wld be serious concequences to her life such as she may lost her possession, she lost control over the house etc.. The house is not sufficient for 4 members, hence need to be constructed. I suggested Joint ownership of the house but mom refused. She is asking for separate registry where the constructed area rest with her and the left over area and roof will be registerd in my name. but again the problem occue when bank loan authority refused to sanction loan saying "no loan on such roof and left over part of plot area registry".Now the differences between us are increased so much that i had to left my home. Now my queries are:
1) will there any option in which I can get house building loan and building permission to construct first floor and renovate the left over area without damaging existing construction.
2) Will there any chance to get the house registered in my name giving my mother sufficient security in form of any agreement or contract which is irrevocable for lifetime of my mother stating that she will never be removed and her whole expenditure will be taken care of.
3) will there be any other option for satisfying my mother and sanction of loan.(note: she doesnt want to destruct the existing construction.)
ajay sethi
(Expert) 09 February 2012
it is natural for your mother to be insecure . she has lost her husband and daily she must be hearing stories of ungrateful children leaving parents in the lurch and thrwoing them on streets after getting hands on property .
she wants security of the house . transfer the house in her name . all legal heris can execute deed of relinquishment in her favour .
she can subsequently if she so desires eexecute a will in your favour bequeathing property in her name
does she fulfill eligibility criteria of home loan ? if she does get loan in her name and you can help in paying of the loan .
prabhakar singh
(Expert) 09 February 2012
1)Option is possible by only relinquishment deed by all heirs of your father in your name.
2)It is possible that the relinquishment deed entered with mother provides her adequate safety to roof and monthly maintenance.
3)If she does not agree to this all but if BANK agrees she can be made co borrower.
Sankaranarayanan
(Expert) 09 February 2012
Only way is reliquish it to ur mother name. Even her then the bank surely asked about re paying capacity of loan.
yogesh
(Querist) 10 February 2012
Thanx for the replies.
She is simple traditional housewife, aged abt 55 yrs. she doesn’t have any paying capacity. I consulted with bank . They are not sanctioning loan on her name.
May , I ask , If all the legal heirs except my mother sign the relinquish deed in my favour, is there any chance to distinguish the property areawise. And if the property distributed areawise then can i get the loan and building permission on that allotted partition. What and how long will be the process?
She is in blind faith of her brother, and I think he is having wrong intentions abt our home by separating all of us. Kindly help.
prabhakar singh
(Expert) 10 February 2012
The relinquishment deed can be executed stating an oral partition among all and specific portion area wise allotted to each party and a site plan drawn on scale can be attached, it should also show the area allotted to mother she is desirous to retain with her(the constructed portion).
yogesh
(Querist) 11 February 2012
Thank u very much sirs.
My last query is , which is the best place to start with this process so that it ends soon giving fruitful result. (Court or registrar office).
Thanx again.
