• Gift deed

Hello Sir,
my father has Own property and they want to gift deed to me, and I have 2 sibling, elder brother and younger sister.
Gift deed use for loan purpose and re-construct the same property 
My question is NOC is required from Sibling for gift the half of the father property. also bank needs NOC from Sibling to taking a loan for Half of the property.
What is changes for gift deed in Chhattisgarh 
Property paper is in the bank because loan is running. without paper can we make gift deed.
 
Thanks
Asked 1 year ago in Property Law
Religion: Hindu

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4 Answers

Dear Client,

In the case of your father gifting his property to you, NOCs from your siblings are generally not required, as the property belongs solely to your father and he has the right to gift it to whomever he chooses. However, it is advisable to check with the specific bank regarding their policies, as some banks might request NOCs from other family members to avoid future disputes, especially when the gifted property is used as collateral for a loan.

Regarding the changes for a gift deed in Chhattisgarh, you will need to ensure that the gift deed is properly drafted, stamped, and registered with the appropriate sub-registrar's office. Since the property papers are currently with the bank due to an ongoing loan, you will need to obtain the bank's permission or clearance to proceed with the gift deed. This typically involves settling any outstanding loan amount or obtaining a formal release of the property documents from the bank.

Anik Miu
Advocate, Bangalore
11022 Answers
125 Consultations

Till loan is repaid bank will not give consent for execution of gift deed 

 

2) consent of siblings not required for execution of gift deed 

 

3) stamp duty for gift deed varies from state to state 

Ajay Sethi
Advocate, Mumbai
99867 Answers
8149 Consultations

If there is a loan on the property with a bank, then without NOC from bank the proposed gift deed cannot be made.

The bank is the owner of the property till the entire loan is fully discharged by the borrower. 

As far as the demand by bank to obtain NOC from your siblings for transferring half share in the property by your father in your favor is concerned, there is no such rule to obtain NOC from his other children by the father to execute this gift deed, the bank is unnecessarily trying to avoid paying the loan. 

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

- Since, your father has owned that property , then he has right to transfer the said property in half or full to you without taking consent of other siblings. 

- However, as this property is on loan , then the gift deed for even half cannot be registered without the NOC of the Bank 

- Further, if there is gift deed by your father , then no NOC is required from other siblings . Bank cannot impose such condition against the law. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

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