Gift deed of a house which has loan on it

You are absolutely right, your brother can execute a gift deed and transfer his share in your favour only and only after redemption of loan and taking a NOC from financier.

1. Please check the loan agreement you both signed with the bank on "transfer of the property under loan" clauses. if there is no clause that is stopping u from transfer then, 

1 a. ) Check the EC of the property if the loan mortagage is reflected in the EC, if not then you can go ahead with gift deed.

1 b.) If EC reflects mortagage or in any case as  as you want a cleaner approach do this, make a notarised gift agreement and both brothers visit the bank show this notarised gift agreement let the bank's legal team guide you further. 

As there's a mortgage loan pending repayment on both the names, none of you both have title to the property until the loan is fully discharged.

Hence you will be advised by the bank to clear the loan first and then proceed with desired transaction in the property as proposed.

No, mortgaged property can't be transferred by way of gift until and unless entire loan amount alongwith interest is paid and NOC in this regard is obtained by Bank.

To my knowledge and understanding, in the given facts, the gift deed could be executed unless there are conditions to the contrary in the sale deed. 

My father gifted his property to my brother in 2012. Where my brother rectified the gift deed in the year 2019 and took a loan in a bank without my father's knowledge. But he failed to repay to the bank and decided to sell the property without any intimation to him and abandoned my father without any care. This my father wanted to cancel the deed for his survival also to save the property. He filed case before Assistant commissioner but he was only given 10k monthly maintenance and cancellation of deed was dismissed. Again he went apeal before Dist Commissioner where she dismissed the appeal. 

So can he claim the property back in his name even after there is no condition mentioned in the gift deed? What is the next step to get justice for my father. 

Originally posted by : sandhya jayanna
	My father gifted his property to my brother in 2012. Where my brother rectified the gift deed in the year 2019 and took a loan in a bank without my father's knowledge. But he failed to repay to the bank and decided to sell the property without any intimation to him and abandoned my father without any care. This my father wanted to cancel the deed for his survival also to save the property. He filed case before Assistant commissioner but he was only given 10k monthly maintenance and cancellation of deed was dismissed. Again he went apeal before Dist Commissioner where she dismissed the appeal.  So can he claim the property back in his name even after there is no condition mentioned in the gift deed? What is the next step to get justice for my father.

Prima facie a hypothetcal and time pass intrusion into the query posted by Mr. Ram.