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Kani   22 October 2021

Undivided property with minor interest

Facts- Father has expired and the property has been inherited by the mother, major daughter and minor son. The mother plans to obtain a housing loan against the said undivided property with minor's interest.

Can the major sister and mother, also being the natural guardian of the minor, mortgage the said undivided property for obtaining housing loan? Will the minor interest creat any hurdle in future?

Is is possible to apply for partition of undivided property with minor interest?



 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     22 October 2021

Hello,

You have to apply to district court seeking peemission for mortgaging / selling the minor's property share. 

 

Advocate Bhartesh goyal (advocate)     22 October 2021

Court permission is essential to mortgage Minor's property for borrowing loan.SuIt for partition can be filed.

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