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Prashanth (principal)     25 September 2013

Query on home loans on gift deed

Hi,

 

Needed to clarify one thing. My father owned a 60*40 plot and we had constructed a house in 1981. The plan is to demolish the house and build 2 independent houses ( one above teh other) for me and my brother.

 

For this, my father has gifted the property using undivided share of land, and we have now 2 registered gift deeds - one for me ( ground floor) and one for my brother ( first floor). Both me and my brother had taken a home loan for construction from canara Bank. Documents deposited with them were

- original sale deed of the property ( in my father's name)

- registered gift deeds ( in my and my broithers name)

- EC

- Khatha extracts

 

Query:

- I want to transfer my home loan to a different bank due to higher interest rate that i am paying now. The original bank ( canara bank) will not give the "sale deed that is in my fathers name" to the new bank as my brother continue to have the loan there.

- Is it sufficient if i have the following documents : Original registered Gift deed, Khatha, EC, and certified copy of the sale deed

 

Please advise.



Learning

 3 Replies

Bharatkumar (ADVOCATE )     26 September 2013

Bank is right because u both are take a loan form Canara Bank, if your brother is ready to transfer his loan in your bank then Canara Bank give original Documents to the other bank.

Prashanth (principal)     26 September 2013

Thanks..However, is both the gift deed (my name) and sale deed( in my father's name) needed for balance transfer?

T. Kalaiselvan, Advocate (Advocate)     29 September 2013

The requirement for loan varies from one institution to another.  In case the new bank insists the original deed, you may along with a letter from the previous bank confirming the deposit of the same with them towards another person's loan, submit a certified attested copy of the same and avail of the benefits, this is again the discretion of new bank manager


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