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putar (accountant)     30 October 2014

Can gift deed be made if flat is mortgaged with bank

1. We have Flat in Mumbai which is joint name of my husband and father in law. This flat is financed solely by my husband own funds and home loan from Bank, the emi for the same is also being paid my husband. Can my father in law gift his share in flat to me his daughter in law through registered gift deed, while the originals are with Bank.

2. Also once registered will the Society transfer the share certificate in my name, even if Bank loan is not paid off.

3. Or it is ok if we submit Gift Deed to Society for transfer of shares after a year or two whenever we pay of the Home Loan.



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 1 Replies

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     30 October 2014

Hi

Without prior notice or approval for the bank tour father in law shoild not executed gift deed

even though he execute the gift deed it is not a vaild document, unless and untill the charge cleared gift cant be a vaild one


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