Uday 11 October 2020

Mortgage

I am having house in my name. It’s a gift which is given by my mother to me. Katha is also in my name. My mother received this house from my father and my father received it from his father. My father has 2 wives and second wife daugther has file a case asking for share on this house. This is not a ancestral property, my grandfather received this by the way of partition from his father. Now due to financial crisis I need to mortgage this house Can I do this ? Will the filed case have any impact on mortgage or can I do this? There is no any stay on this property Please advice?

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2 Replies

P. Venu (Advocate) 12 October 2020

Has the case been filed and any interim relief granted? If not, there is no impediment.

Rajinder Goyal 12 October 2020

Hi,

From what you have written it is clear that the property belonged to your grandfather which was then inherited by your father then by your mother. There is lack of details but these will be the scenarios.

Firstly, whether your father had inherited it through a will or not. If not through a will, then it will be inherited by your grandmother and grandfather's sons and daughters

Secondly, if your father died intestate ( without a will) then it will be inherited by both his wives, sons, and daughters. So. if the property is not received by your mother through will then your father's second wife's daughter will get a share in the property.

Hope this helps!