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mohammed ameen (owner)     12 October 2013

One brother is not signing on release deed

respected,

i am a muslim. we are four bothers and two sisters with my mother. my father expired in september 2003 leaving a will in my name.my two brothers and two sisters alongwith my mother signed on release deed( haqtarqnama )

except my one brother who did not sign. he and me are running our business at ground floor with 1/3 occupation of me and 2/3 occupation of him.first and second floor is occupied by me. the building is three storeys.  building's legal documents are by me, including father's will.

my question is --- is it possible for me to make this building's paper as a legal instrument to acquire any loan against its mortagage?



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 October 2013

The building property must be in your name. So that you can take loan or mortgage the said property.

mohammed ameen (owner)     13 October 2013

as per answer how i can make property in my name?

T. Kalaiselvan, Advocate (Advocate)     13 October 2013

Mr. Mohammed ammeen,

Even under the Mohamedan Law, the jointness of property consists only in the tangible thing or incorporeal right being the subject of ownership by several individuals; otherwise the rights of the owners are distinct.  In such a case the result of partition is only  to mark out separate potions of the property, and allot such portions to the exclusive use and enjoyment of the separate owners.  Even in the absence of a partition any of the joint owners can transfer his share by sale.  The share of the owner being definite and known, the purchaser acquires that share.  By this purchase he becomes entitled to joint possession with the remaining co-sharers and can also demand partition by metes and bounds.  thus on the basis of the same logic, you can avail loan mortgaging the the title documents available in your possession. 


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