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shalini (not working)     27 September 2012

Property loan

 Good morning

   one of my friend H has a big ancestral in which his uncle and their family lives.His grandfather and grand mother died without any will. now he wants to take loan Can he take a loan against his portion (4 rooms ) in his ancestral home ? he dont have paper of property and that was wiht his uncle son who also lives there

kidnly help him in thsi regard

 

thanks



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 September 2012

The property which your friend call ancestral property can be construed as ancestral if this property was actual owned by your friend great grand father & it passed on down the line to your friend & your friend's brother, in other words to be called a Hindu Ancestral property it should be four generation old. Secondly even if it was your friend grand father's self owned property after his death if he died intestate i.e. without leaving any 'Will' or any other Testamentary document then it was inherited by his wife, sons & daughters etc. In this case presuming your friend's father was the only legal heir of your friend's grandfather at the time of his death, then your friend's father  became the owner of the said property, after the death of your friend's  father, his wife i.e. your friends mother, your friend's  brother & your friend all the three became equal share holder in this property. Now lets presume the first option which you stated that this property was an Ancestral property as per the Hindu law, then in such a case your friend & your friend's  brother became Coparcener at the time of your friend's birth in this Hindu Joint Family & by virtue of this legal position & based on the recent amendment in 2005 in section 6 of the Hindu Succession Act, 1956, both your friemd & your friend brother have equal share in this Ancestral property. In both cases whether the status of this property is Ancestral or self acquired you do have share in this property. 


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