• How to get property documents from bank to make changes in Ownership

Hi

I am owning a flat with my wife and same property is loaned with bank where my wife is co-borrower too.
Now my wife want to gift her part of ownership to me. How can I get my property documents from bank to make required changes in the papers without closing the loan account.
Asked 1 month ago in Property Law from Greater Noida, Uttar Pradesh
Religion: Hindu

unless loan is repaid bank would not hand over property documents to you 

 

2)no third party rights can be created without bank consent 

 

3) bank consent is necessary for wife to execute gift deed in your name . bank would insist on loan repayment 

Ajay Sethi
Advocate, Mumbai
73014 Answers
4384 Consultations

5.0 on 5.0

There is no need of original document to execute gift deed. Documents lying with bank will not change. Gift deed will execute and register at sub registrar office. Gift deed is actual & important document to acquire wife half ownership.

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

You need to approach the bank with a request to permit you to execute a Gift Deed in favour of your spouse. Once the Bank gives your permission, you may execute a Gift Deed and register the same with the Sub-registrar of assurances even though the property is mortgaged with the bank against housing loan.

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

1. You have to get an NOC from Bank, for making the Gift Deed and give indemnity bond /affidavit undertaking to Bank, that Husband shall be solely responsible for payment of the outstanding dues of Bank.

2. There is no need of getting any property documents from Bank, for this purposes, except the Bank NOC for making Gift Deed.

Hemant Agarwal
Advocate, Mumbai
3939 Answers
21 Consultations

5.0 on 5.0

See you need to apply for NOC before the bank. If bank give NOC and allow you for gift and transfer of loan then only she can gift her the share.

Shubham Jhajharia
Advocate, Ahmedabad
23448 Answers
94 Consultations

5.0 on 5.0

She cannot transfer her rights in the property till the loan is fully discharged because the property is mortgaged to bank for home loan purpose, hence now neither she nor you are title holders/owners until the loan is fully discharged 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

1. Your wife cannot execute gift deed in your favour without the permission of bank as the property is mortgaged with bank.

2. Apply to the bank to transfer the loan to you.

Ashish Davessar
Advocate, Jaipur
27730 Answers
820 Consultations

5.0 on 5.0

Approach the bank seek its consent for wife  to execute gift deed in your name for her 50 per cent share in property 

 

 

Ajay Sethi
Advocate, Mumbai
73014 Answers
4384 Consultations

5.0 on 5.0

Till property is mortgage, rare possibility, bank will give NOC

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

1. Make an Application to the Bank, for NOC and ask them to give you format of Affidavit that needs to be signed by both of you.

2. AFTER above execute the registered Gift Deed and annex the Bank NOC with it.

Hemant Agarwal
Advocate, Mumbai
3939 Answers
21 Consultations

5.0 on 5.0

You may have to apply for NOC to the bank, the bank will give you the list of documents and the requirements to be complied in this regard, hence you may appraoch the bank manager who will  inform you the correct procedures to be observed in this regard.

 

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

See you need apply for NOC before the bank you took loan from once NOC and permission is granted in written for transfer your wife can execute a gift deed in your favor.

Shubham Jhajharia
Advocate, Ahmedabad
23448 Answers
94 Consultations

5.0 on 5.0

In order to do any changes in title flow of your property, you need to clear the loan availed by you from bank.

In order to change / create third party interest in the property, bank will not agree till you repay entire loan.

Get the loan cleared, thereafter, obtain NOC from bank and after getting back the documents you can proceed as you wish.

 

S Srinivasa Prasad
Advocate, Hyderabad
1392 Answers
6 Consultations

5.0 on 5.0

approach the bank to get No objection certificate.

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

You can produce the registered gift deed to bank they will make the necessary changes and provide you the loan documents once you pay off the same

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

1. First you can to make application in bank for NOC in which bank will give consent for change of ownership status of property.

2. After getting NOC from bank you can get original papers make necessary changes after getting gift deed from wife and submit the original documents again in bank. 

Mohit Kapoor
Advocate, Rohtak
7134 Answers
2 Consultations

5.0 on 5.0

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