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sanjeev pawar (service)     10 September 2012

Can flat bought on loan jointly, be given away by gift deed

dear sir,

me and my brother have bought a flat jointly by taking a home loan, he is the first owner and i am the second, the EMI of the flat is going on till present and will continue for next 10 years, my brother is paying the EMI, can i gift deed my share to my brother when the loan is still going on, or can i sell my share to him while the loan is going on, or can i transfer my share to him,

pls reply,



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 September 2012

You can relinquish your share in the property to him by a registered relinquishment deed after taking bank into confidence.

Yogesh Anand (Head- Legal AVP)     11 September 2012

THE SHORT AND APT REPLY OF MR. CHUGH HAS STROG REASONING.  THE RELINQUISHMENT DEED WILL SAVE YOU ON STAMP DUTY WHILE BANK WILL BE MORE THAN HAPPY TO SEE THAT TPROPERTY IS NOW FULLY OWNED BY THE PERSON WHO IS PAYING THE EMI.

sanjeev pawar (service)     12 September 2012

dear sir,

thank you for your kind reply, however i would like to know if this deed can be executed even when the loan is being repaid to the bank, as technically, the bank is the owner of the said property, hence how can the bank be ' taken into confidence' i mean, how can i convince the bank as such, when the bank will reply that ;' until the loan is paid in full the bank will be the owner of the said property, hence such deed cannot be valid' , dear sir, request you to kindly guide me in this matter,

i wish to get out of this property as i have receieved a RCR from my wife, in the event of me losing the case and she winning the RCR, i fear this property might get attached by the court, in such a scenario, how can i save my property.

can the court still attach the property even if my brother is a joint borrower of the said flat,  and if the flat is attached by the court, will the flat be disposed off by the court or what else can possibly be done.

request you to kindly help me out in this matter, thanking you and awaiting your kind reply


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