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Magudeeswaran (Software Engineer)     24 January 2012

Right over the property - to avail home loan

Dear All,

I am constructing a house in our ancestral property (land) which is common for my family members. We are family of three members (My mother, Married Elder brother and myself(unmarried). my father is no more.

Our property is ancestral one, my father not went on any "WILL" or any thing to any one particularly before his death. But my grandfather wrote a will and said that his portion of property must go to his male grand children(myself and my brother) once they are reached to major till that period he has given enjoyment right to my mother. But my father and grandfather not done any partition between them.

Since both are no more now, will my mother has right to give settlement of her portion to me? (Question 1)

I am only investing money from my own income to construct house, so my mother wants to give that house to me (as a sole owner) as My brother is living in USA.

If The title (area where i am constructing house) has changed to me from my mother, Will i am get the eligibility to borrow housing loan in my name? (Question 2)

Land Details: Around 5 acres of land - in that land i am constructing a house.

I am very thank full i get your advice and suggestions.



 1 Replies

Kanaksinh P.Boda (Educationist/Lawyer)     24 January 2012

In her life time, she can do away with her proportion of property including by settlement. You will get the loan any way even if your mother remains surity, without transfering the property.

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