• Undivided property

We have an undivided property in kolkata, 3 owners, mother, myself and my sister
My mother willing to give her share to me legally, but not my sister
Whether I am eligible to get home loan from nationalized bank for house construction within two share? Whether permission is required from the 3rd share holder i.e my sister?
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

Please be aware that the housing loan shall be granted only if you are the absolute owner or the same will be granted jointly to the owners if there are two owners by making the other owner s co-applicant.

If your sister is not willing to cooperate you may have to file a partition suit and seek separate possession of your share and that of your mother's share if she has relinquished her rights in your favor.

The bank will not grant loan for undivided share in the property for constructing a house.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1.Since the proeprty is undivided then no one of yours sahre is demarcated as yet.

2.In that event every one of you have right over every inch of the proeprty.

3.Though technically after gift of your mother you becomes its 2/3rd owner without physical partition partition your share is not earmarked.

4.In that context the bank would be reluctant to give any bank loan.

5.If you want to have loan then make partition deed in the proeprty with your sister so your 2/3rd share is marked by separate possession .

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Even if your mother gifts you her share you will still be the owner of not more than 2/3rd of the property as 1/3rd will vest in your sister. So unless your sister also becomes a co-applicant the bank may not sanction loan.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Get the partition of the property done without any further loss of time.

2. Let your mother execute a registered Release/Relinquishment Deed in your favour relinquishing her rights over her share of the property to you, thereby you shall be the owner for 2 shares.

3. Upon the partition of the property you can get housing loan from the bank without obtaining permission of your sister since there is clear demarcation and bifurcation of the property by metes and bounds due to the execution of registered Partition Deed.

Shashidhar S. Sastry
Advocate, Bangalore
5182 Answers
316 Consultations

5.0 on 5.0

1) bank would insist on consent of your sister also as she has one third share in property

2) your mother can execute gift deed in your favour for her one third share

3) gift deed should be duly stamped and registered

4) deed of partition can be executed . then take loan for your share in property

Ajay Sethi
Advocate, Mumbai
95203 Answers
7607 Consultations

5.0 on 5.0

1. You are eligible to get loan by mortgaging the property standing in your own name and also in the name of your mother and sister.

2. In the instant case the property has not been divided and partitioned for which the Bank will not be able to sell off your and your mother's share of the said jointly held property in case you fail to repay and the Bank is forced to sale the flat to recover its dues standing in your name.

3. If both your mother and also sister signs the mortgage agreement then the bank will allow you loan against mortgage of the said property in its entirety.

4. If your and your mother's share of the said property can be segregated and separated for development and mortgage, then you can get the loan by mortgaging your said share of the property.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The bank loan will be available on the basis of the property given as collateral.

The property now proposed to give it as collateral security should be free from encumbrance or any other legal dispute.

The person who offers this property as collateral security should be free from encumbrance and she/he should possess marketable title.

In your situation though your mother is executing registered release deed in your favor, until the property is properly partitioned, then you may not be eligible for loan for the undivided portion of property.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1) you would not be eligible for bank loan as it is undivided property

2) after property is divided between you and your sister by metes and bounds would you be eligible for bank loan for your share in property

Ajay Sethi
Advocate, Mumbai
95203 Answers
7607 Consultations

5.0 on 5.0

1. If your and your mother's portion of the said house is divisible and salable, then the Bank will allow you loan.

2. The loan amount to be allowed will be limited to 75% of the value of the mortgaged property i.e. you and your mother's portion of the house.

3. Your mother can stand as your guarantor and mortgagor of her portion of the property and in that case you shall get the loan even with out her registering the gift deed for her portion of the property in your favour.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer