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Sanjay (pio)     09 July 2014

Property with no nomination

Hi

One of my friend passes away recently, he was having Home Loan for an apartment. The loan documents dont have any nominations mentioned anywhere. The loan has been paid but documents are still with Bank.

Need your guidance, what is the formality to get the documents from Bank (as there is no nomination) and then transfer if apartment in the name her wife.

Regards



Learning

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     09 July 2014

even though there is no nomination, the legal heirs of the deceased(get the legal heirs certificate from the tahsildar/authority of the area) may request the Bank authorities to execute re-conveyance of mortgage in favour of legal heirs of the deceased. then the legal heirs of the deceased will have rights over the property. it is for information.

Manoj Popalbhat (Design Engg.)     09 July 2014

Manoj Popalbhat (Design Engg.)     09 July 2014

Hello Sir,

In 1987 my Father , his younger and elder brother purchase a land at village of 00.01.00 Acre and then built the house.Both younger brother trusted on elder brother and put only his name as owner of land.

But on house tax extract (8/A extract) put all three brothers name and later on made it separate for house only.Then again in front of the house all thee brothers purchase 00.01.00 acre land and made elder brother as owner. 

But now days elder brother is saying that the land is mine you can not enter in my land but we don't have any road without land next to our house.

So what should we do now ?

Please suggest.

G. ARAVINTHAN (Legal Consultant / Solicitor)     30 July 2014

Generally all the legal heirs are liable to pay the loan dues.

Even in case of nomination, the nominee has to pay on behalf of all the legal heirs


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