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Shivaram (n/a)     09 March 2016

Bank loan - gift deed/partition deed

Dear Friends,

Two brothers and a sister have been gifted a property vide gift deed by their father.  The property is self-acquired by their father.  All the three siblings are now co-owners.  They want to construct residential units (3 floors) to be owned individually (each floor for one sibling)

Bank is not comfortable to give loan on gift deed.  They insist on a partition deed to be drafted between three siblings. 

a) Is it mandatory that loan can be give only on basis of partition deed?

b) Why can't bank give loan on the basis of gift deed especially when the arrangement is crystal clear? (in the gift deed it is clearly mentioned that three siblings will own the property in equal proportion)

c) Is it ok to enter into a partition deed? whether legally there will be any issues for the three siblings?

Three siblings objective is to consturct three floors to be owned individually.

Regards

Ram

 

 



Learning

 2 Replies

rajeev sharma (Advocate Ex senior manager law )     12 March 2016

Bank is right in refusing the loan. The problem with bank is you all are joint owners of each and every partical of the property and how it will know that which part of the property is owned by each joint owner seperately. So get the property divided

dr g balakrishnan (advocate/counsel supreme court)     12 March 2016

you can make a fresh loan appln saying you will all jointly take the loan to be appotioned among you all.

depending upon the cost of the relevent  sq.ft area occupied the relevant EMIs could be worked by the banker and relevant documents registered would be under hypothecation with the banker against the loan after construction, till construction is over your joint MOU agreement duly rtered would be under hypothecation with the banker; once constructed every one of you woiuld get registration done document once these new documents are suirrendered the old MOU would be returned by banker duly cacelling hypothecation of MOU,

Banker is safe and each one of you securing the new property duly and paying yr relevant EMIs and appropriately facing the liability on the new asset.

Partitioning might be difficult  just on site gitedf


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