• MOD property

My father property is done mod in bank for my business concern and the same property is made gift settelment deed to my brother... few days later my father died ... after that my brother became gurantor for me in bank for that mod... now he approaches bank to release the mod property and gurantor... please help me inthis situation.... now bank manager say i want to freez your cc account...
Asked 9 days ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are online now to answer your questions.

18 Answers

Bank will not do any concern as of now  if your current is not in the minus. If you're account were in minus tell you make it settle in zero level till that time bank won't freeze the account. How much is your OD limit. Get today only transfer maximum amount to another account then see what bank manager say's.

Ganesh Kadam
Advocate, Pune
10115 Answers
89 Consultations

4.9 on 5.0

Once gift deed is executed duly stamped and registered your brother would be absolute owner of property 

 

2) you have to provide another guarantor for loan taken by you and give other collateral security 

Ajay Sethi
Advocate, Mumbai
75798 Answers
4532 Consultations

5.0 on 5.0

Property cannot be released. And GIFT will complete only after repayment of loan. Bank manager is acting agasint the interest of bank and illegal. And may lost his job.

Warn the manager, you will complain the ACB, that manager took bribe from brother to release his property which is secured as guarantee. 

And in any case, cannot ask you to replace guarantee without your consent. Nor can freeze your account if bank itself release the guarantor.

Yogendra Singh Rajawat
Advocate, Jaipur
19328 Answers
25 Consultations

4.5 on 5.0

When your brother became the owner of the property, he has all rights to decide whether to continue to stand as guarantor of your loan account further. 

Now if he withdraws his guarantee the bank has its right to grant further loan to you or not.

In absence of such security its unlikely to extend the loan facility further. 

In that context your account doesn't get automatically freezes. If you repay the loan your account can not be touched further. 

Freezing of your account occurs only when you fail to repay the loan. 

Devajyoti Barman
Advocate, Kolkata
20197 Answers
286 Consultations

5.0 on 5.0

If you don’t give fresh collateral security bank would not release the property 

 

further gift deed could ha e been executed only with bank consent 

 

if bank did not give consent gift deed can be set aside by court 

Ajay Sethi
Advocate, Mumbai
75798 Answers
4532 Consultations

5.0 on 5.0

Actually your father should have taken permission from Bank or release the property and than made a gift deed.

 

If he (brother) pressurize more ask bank to do auction of property. than still you're brother wants to pressure Bank.

Ganesh Kadam
Advocate, Pune
10115 Answers
89 Consultations

4.9 on 5.0

GIFT is not yet complete because title is under mortgage and bank has prior interest over the property. Gift will complete only after loan repaid. 

Bank cannot release the document until not replaced by same value of property. Don`t agree to brother.

Yogendra Singh Rajawat
Advocate, Jaipur
19328 Answers
25 Consultations

4.5 on 5.0

If he does that you need to introduce a new guarantor. You can only object if the gift property was ancestral and you had share in it

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

As your father had mortgaged his property to the bank and registered the MoD, the bank got the first and absolute charge over the property. The subsequent gift was invalid. The bank will not release the security so long as the liability is outstanding. You may have to offer an alternative security.

Swaminathan Neelakantan
Advocate, Coimbatore
675 Answers
6 Consultations

4.9 on 5.0

- Since , your fathers property was mortgaged by the bank , then without the consent & Noc , a gift deed transfer is not possible and valid , because the said property  already is in lien.

- Further , if the property original document was with the bank , then the registration of gift deed is not legal , and an unregistered gift deed is not having any value in the eye of law. 

- As per law. A mortgaged property can be gifted after redemption of mortgage,or after changing the security. 

-  You can lodge a complaint against the bank , if the mod property papers releases to your brother. 

Mohammed Shahzad
Advocate, Delhi
3303 Answers
39 Consultations

5.0 on 5.0

The bank cannot return the title documents nor release the guarantor before the loan amount is fully discharged or any other property is substituted  and the guarantor is replaced to the satisfaction of the bank.

 

If the loan repayment or the credit ratings are satisfactory then the bank cannot freeze your CC account too.

The bank can reject your brother's request to return the documents or release him from the guarantor based on the above reasons.

If guarantor's  repayment capacity does not make him eligible for another loan, and he wants one for himself, the borrower may have to arrange for a replacement guarantee. This has to be done by releasing the current guarantor and providing the bank with another guarantor who meets all specified norms for a guarantor.

 

T Kalaiselvan
Advocate, Vellore
65774 Answers
858 Consultations

5.0 on 5.0

If the property has been given as collateral security to the bank under MOD then the property owner has no rights over the proeprty until the same is retrieved after discharging the loan amount fully.

Therefore in that circumstance the gift deed will not be effective during the period the property documents are held by bank for the purposes of collateral security for the loan advanced to the borrower


If the property has been given as collateral security to the bank under MOD then the property owner has no rights over the proeprty until the same is retrieved after discharging the loan amount fully.

Therefore in that circumstance the gift deed will not be effective during the period the property documents are held by bank for the purposes of collateral security for the loan advanced to the borrower

T Kalaiselvan
Advocate, Vellore
65774 Answers
858 Consultations

5.0 on 5.0

1. Guarantor is entitled to withdraw his Bank guarantee given to other party, provided the other party is not in default.

2. Bank is right in asking you for new Guarantor /Security and ONLY after you provide new guarantor /security, the old guarantor will be released and not before that.

Hemant Agarwal
Advocate, Mumbai
4655 Answers
23 Consultations

5.0 on 5.0

That gift deed is invalid.

File a suit for revocation of the gift deed to your brother 

Rahul Jatain
Advocate, Rohtak
3287 Answers
4 Consultations

4.9 on 5.0

Dear Sir,

If you have something to give as security to that loan, you may get rid of the problem and release the brother from than loan. 

Ganesh Singh
Advocate, NEW DELHI
4938 Answers
9 Consultations

4.5 on 5.0

As per Section 128 of the Transfer of Property Act, a donor can gift a mortgaged property. However, the donee (receiver of the gift) is personally liable for all the debts and liabilities that are associated with that property.

Mohammed Mujeeb
Advocate, Hyderabad
16464 Answers
11 Consultations

4.5 on 5.0

1. If it is mortgaged then it could not have been mortgaged without the consent of mortgagee (bank).

2. Do not give security unless you are absolutely sure you will be able to repay the loan if defaulted by your brother.

Ashish Davessar
Advocate, Jaipur
29496 Answers
847 Consultations

5.0 on 5.0

1. Yes gift deed is valid if done by obtaining noc from bank for that you need to findout about any NOC regarding gift deed. 

2. If bank manager confirms that they had knowledge about gift deed then you need to arrange new guarantor for your cc account.

3. Other option is to negotiate with your brother for providing some time to arrange new guarantor.

 

Mohit Kapoor
Advocate, Rohtak
8662 Answers
3 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