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jaya lakshmi   19 November 2021

Legalheir refuse to pay morgage loan but claims for property

Me and my husband bought a flat jointly and paying the loan emi for past 8 years and still 10 year due is pending.In this case my husband passed away due to COVID on May month.As we don't have kids me and my mother in law are legal heirs.Loan is taken in my name and my husband is co borrower but both of us paying back loan from our bank accounts separately.Now my mother in law claims the property also she refuses to pay back any loan amount. Wanted to occupy the property and give that to her younger son.In this case iam already contining to pay the loan till now. What am I supposed to do to get my property with clear title in my name or should I opt to sellout. But she is refusing to sign to sell the property even if iam ready to pay her 1/4th share.Kindly advice.

 7 Replies

MPS RAMANI (Scientist/Engineer)     19 November 2021

Your mother-in-law can do anything with her share of the property only after she gets a succession certificate. As you are also a sucessor, the succession certificate will be in your joint names and it will specify the perimeters of your rights. In fact the bank also will have lein on the property. You will have to appoint a good lawyer and go to court. At first you will have to get an injunction prohibiting your mother-in-law from aleinating the property or her rights on it in any manner until the case is decided.

jaya lakshmi   19 November 2021

Thank you sir for your reply...

G.L.N. Prasad (Retired employee.)     19 November 2021

Find out a buyer first, as the buyer can agree for a consideration, and can pay the entire outstanding amount in loan account and can refund the balance to you and to other co-sharers through demand drafts with condition that all legal heirs execute a sale deed.  A good local advocate can help you in preparing such an agreement to sell incorporating the conditions acceptable to all co-sharers.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     19 November 2021

Please clarify whether your Husband died intestate ie. without a Will.

jaya lakshmi   19 November 2021

Yes sir he died without any will...

Dr J C Vashista (Lawyer)     20 November 2021

Your mother in-law has an equal share in 1/2 share in the name of your deceased husband, where she is competent to dispose of her part as she likes..

She (your MIL) has to accept liability in the same ratio, otherwise, file a suit for partition and recovery of share of oan amount.

Consult a local prudent lawyer with relevant records.


MPS RAMANI (Scientist/Engineer)     20 November 2021

As the property was in the names of both of you, it is to be prosumed in the absence of evidence to the contrary that you and your husband were owners of 50% each of the property. On the death of your husband you and your mother-in-law become heirs to 50% each of the husband's share i. e. 25% each of the paid up value of the whole property. These are of notional signficance only until and unless there is a partition. As the share is only up to the paid-up value of the property at the time of your husband's death, your mother-in-law's share will remain frozen at that level if she does not contribute instalmants.If you pay the instalments your share will go on increasing. Keep a record of all payments made hereafter. As your husband is now dead, only your name will be there in bank's records. Action will have to be initiated if your mother-in-law's name has to be entered. Consult a chartered accountant and a lawyer.



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