My mother was given a plot rs 450000 to me after marriage through gift deed. my. mother and father are shopkeeper. my husband is govt eemployee. he has given intimation regaring this plot to his department. department asking to my husband that income of source. is 3rd party means from my mother can be asked income of source or a affidavit is sufficient. kindly advice me. any court apeal can be given.
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bank loan sanction from judicial department
1. if your mother is shopkeeper then she can always have fund to to bear the rice of this land.
2. Moreover she can also show the money to have been gifted from her parents to purchase this land.
3. Since the money is not so huge there is no much to worry about and a written declaration on this account is enough to convince the department..
Kindly elaborate your query, i am unable to understand your question
1. The property has been gifted to you by your mother.
2. Your husbanmd has reported about the said addition of assets by his family members through the gift deed.
3. His Organisation can not ask for the details of source of income of the donor of the said property.
4. An affidavit affirming that the said properrty has been gifted to you by your mother should suffice.
1. You shall have to apply for the bank loan from any bank wherein you shall have to moretgage the land of your wife.
2. The bank will ask your wife also to be the joint borrower and guarantor of the loan in addition to be the mortgagor of her said plot.
1)Enclose gift deed copies along with an affidavit that plot gifted as a stridhan by in-laws.
2)Plot not purchased by your husband it is gifted by your parents.
Dear Madam,
A mere affidavit is sufficient. Further instead of going to department you may approach bankers. If you want department to sanction the loan then taken refusal endorsement and approach service tribunal or High court for necessary direction.
Your mother has executed registered gift deed
2) you woukd be absolute owner of property
3) since department is asking source of income consult your CA and furnish detailed particulars sought by govt
4) your mother can execute affidavit that it was her send acquired property and she had gifted said property to you
You can apply for bank loan for development of property
Mother and father don't say are shopkeepers only say that your father is shopkeeper and your mother is housewife and submit a affidavit stating this fact which will be sufficient if you say both then the matter will be typical.Mother can say this is her saving which her husband gives for running the kitchen or the house hold affairs.
See this is gifted property if department is asking for source of purchase of plot from mother she can give an affidavit of same.
The affidavit will do it is sufficient no.court order is required.
You can give an affidavit stating that this property has been gifted to you by your mother, that will take care of all other issues.
For anything, since the property has been transferred by a registered gift deed by her mother, it is a genuine transaction, hence an explanation in the form of an affidavit duly notarised shall be sufficient to prove the source of income and reply all other queries in this regard accordingly.
Court order not required, affidavit shall be sufficient..
1. Since the department wants to know the source of income he should state that the plot is not owned by him in the first place as it was gifted to you by your mother after marriage. He should annex a copy of the gift deed with his reply.
2. If department is not sanctioning home loan then courts cannot compel it to sanction it. It is the prerogative of the department.
1) Department can't ask third-party income. One who has gifted plot to you and your husband is government employee. They don't have any rights to ask for income. Only Income Tax Department can ask for income if tax is not paid.
Rest, you can contact me through Laamoon for any further legal assistance...!
Good Luck...!
No way, just show them gift deed, his in laws income source has nothing to do with dept and plot is gifted to you not him.
If he is a govt employee then what is the issue to grant him loan. Check with the superior in the department else file writ petition in HC.
- Since, the property was gifted by your mother , then there is requirement of source of income by the Department for sanctioning the loan purposes.
- However, once your husband has already informed the Department , that the said plot is a gifted property , the department has no authority to ask for the income source for purchasing the same.
- Simply , give an affidavit on Rs.10/- stamp paper duly signed by your mother that the said plot was purchased from her own savings.
