property queries
saravanan
(Querist) 19 November 2015
This query is : Resolved
X and Y are brothers,both of them got married ,both of them shared and bought property,after ten years Y deceased.Y's wife having Y death certificate and legal heir certificate.Can X&Y's wife Mortage the property
P. Venu
(Expert) 20 November 2015
Why X and Y? Please post the real issue.
Rajendra K Goyal
(Expert) 21 November 2015
If the property is in the name of X and Y, X and all legal heirs of Y can mortgage. Better get the share of Y mutated in the name of legal heirs of Y before mortgage.
Anupam Lahiri
(Expert) 22 November 2015
The query is incomplete. It is not clear as to the title of the property as between X and Y.
There is a good legal points in this case. Pls reply the question and then discussion may be made.
K.S.Srinivas
(Expert) 22 November 2015
It is presumed that the both X and Y are the title holders of the property. In such a case, it is better to mutate the property between X and all legal heirs of Y. After mutation go for mortgage.
Hemant Agarwal
(Expert) 25 November 2015
1. IT would be a Criminal Offence to "mortgage" ANY property, IF the title-ownership of the said property is not duly registered & mutated to the legal heirs of the deceased, by following due procedure of law. A fictitious or probable or imaginary claim of the deceased property, is illegal
2. It may be possible that the deceased title-owner may have willed his property to a Trust or to anybody, by leaving out or alienating out the legal heirs of the deceased.
Keep Smiling .... Hemant Agarwal
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