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Mortgage of property

(Querist) 08 April 2022 This query is : Resolved 
As per unregistered family settlement on a stamp paper witnessed and signed by all share holders in question.
Query is can I mortgage my share in the undivided property to a bank without getting a NOC from the other share holders
Quick Summary
When dealing with an undivided property based on an unregistered family settlement, obtaining a mortgage from a bank for your share is generally not possible without a No Objection Certificate (NOC) from other shareholders. Banks require a clear title, which often necessitates a registered partition deed. While local lenders might offer options, proceed with caution.

kavksatyanarayana (Expert) 08 April 2022
No. In most states, the registration of partition deed is a compulsorily registerable document and hence check in your state.
krishna mohan (Expert) 11 April 2022
Mortgage effctively as a collateral for loan borrowed in a specified format by the institution from whom you will avail the loan. Without clear title they will not accept. But local money lender may but be careful.


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