Property on bank loan and new attachment


Hi,

I had purchased a property in 2006 in pune, Maharashtra with Bank loan of 10Lac. I had purchased the property in my name only. Now I wish to attach my mothers name to this property. Is there any way I can do this ?

Regards.

 
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ADVOCATE

Dear Rahul F,

Attaching ur mother's name to the property.

Do you mean to transfer the property in the name of ur mother or to make her to become joint owner?

Any way, you can execute a gift deed in the name of ur mother with respect to whole property in case of former and wrt portion of property in case of latter.

 
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Bcom LLB MBA

how can u do that all d property document must be wid the bank as security ......

 
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ADVOCATE

Property document is not necessary for execution/registration of gift deed.  But the bank will have charge against the property to the extent of the debt.

 
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DEPUTY CHIEF EXECUTIVE OFFICER

IF THE PROPERTY IN QUESTION IS MORTGAGED TO BANK,THEN YOU CANOT CHANGE THE TITLE  WIHOUT BANK'SWRITTEN CONSENT.YOU WILL HAVE TO CLOSE THE LOAN ACCOUNT TO DO THIS.IT BETTER YOU NOMINATE THE NAME OF YOUR MOTHER IN THE RECORDS OF THE SOCIETY IN WHICH THE PROPERTY IS SITUATED.OR IF THE RULES OF THE BANK PERMIT YOU CAN NOINATE HER THE BANKS RECORD.

 
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Advocate Supreme Court of India

Dear Friend,

 

Mr. Kulkarni is right. You cannot execute any document keeping bank under dark. After all it is a transfer of property and you cannot create a valid transfer unless the property is free from all encumbrances.

 

Regards

 VIRAJ KADAM

Advocate,

Supreme Court of India

 


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