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balasubramanyam (practice)     09 August 2019

A executed registered will with regard to his self acquired property creating life interest in favour of B and on death of B, C would take the property absolutely. After the death of A are B and C together entitled to mortgage that property to others.

A executed registered will with regard to his self acquired property creating life interest in favour of B and on death of B, C would take the property absolutely.
After the death of A are B and C together entitled to mortgage that property to others.


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 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     09 August 2019

Already replied in the same forum.

G.L.N. Prasad (Retired employee.)     10 August 2019

Avoid posting same issue posting again and again by changing the titles, as it is against the discipline of the forum.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     09 October 2019

1.  IF "after" demise of "A" the property has been transferred to "B" (who now is the absolute Title-Owner) THEN "only" "B" is entitled to mortgage the property and "C" shall have no role, whatsoever, to take loan or sign mortgage documents.  Signatures of both would also not be allowed by the lending Bank /NBFC.  Further both signatures on mortgage would mean scores of legal disputes /claims in future.

Keep Smiling .... Hemant Agarwal
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G.L.N. Prasad (Retired employee.)     09 October 2019

The presumption as full details were not stated is that A: Husband has wirtten a will giving rights of enjoyment to his wife B, and might have stated in the will that C (Child) would inherit the property after the death of B (mother).  IN cases like these the wife (mother)'s right is for enjoyment only in general.


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