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Mrs . Shanta Rani (Housewife)     25 November 2012

Banks refusing loan

Hi !

My father purchased a property from DDA in Delhi. He subsequently got the property FREEHOLD. Many years later he died leaving an Unregistered WILL. My mother expired before him. My sister and I acted on the WILL and without proceeding for a probate got the mutation of the property done with MCD in my favour which was as per the wishes of my father. Towards this, my sister also gave an NOC Affidavit on a stamp paper. I also submitted an Indemnity and an Affidavit along with the will.

Now, I want to sell and have identified a buyer. Unfortunately banks are not giving loan stating that the want an R deed or probate. My question:

Is this transfer incorrect?

What is an R deed?

What can be done as a solution to convince the bank


 1 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     25 November 2012

Dear Shanta Rani,

only in the event of you are taking loan, then will deed cannot be treated as Will Deed as per RBI guidelines. however, when you are selling the same, the prospective purchaser will have Title Deed, i.e. the sale Deed tobe executed in favour of such prospective purchaser.

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