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Shaziya Khan   16 February 2021

Gift deed

My father has registered a gift deed of his flat on my name. It is Mhada property. So Mhada transfer and society transfer is still pending. Only gift deed is registered. Now he wants to take a business loan with collateral.. on the same flat that he has gifted to me. He is 72+. His name still exists in mhada and society share certificate. Can he go ahead with the same?The lender is a private financial institution. Is it mandatory for him to inform them about the gift deed? And will it affect me in future Incase he is unable to pay that loan. I am not signing any loan papers. But will I be responsible to repay it in future as he has gifted the property to me. Kindly guide.


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 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     16 February 2021

Hello,

As per your query your father has applied for loan and he wants to give gifted property as collateral. Now your father is not having any title over property therefore he cannot give property collateral which is already gifted to you. 

Shaziya Khan   16 February 2021

Thank you for your reply. But it is Mhada property. Our society secretary said that unless name is not transferred there he can use his documents to get a loan and society also can't stop him. They will have to provide NOC Incase he asks for it. As share certificate is in his name. Will the bank know it's a gifted property unless he informs them? ?


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