Dhane settlement
Jayalakshmi
(Querist) 30 May 2017
This query is : Resolved
Sir,
I am jayslakshmi from Chennai.. long back (25yrs before) my father purchased a land and registered on my mother name. Recently they built a house on that land through SBI Bank loan..Pointing my mom as a primary owner and first applicant and my brother as second applicant.. my parents have three kids my brother,sister and myself as the last one.after paying 2 or 3 installments my brother refused pay the rest of the installments...My parents are not earning so I decided to take up the loan and pay it completely..
Already I paid partial amount and 20lakhs more to clear the loan..In this case my parents wants to sell the property to me as I am going to repay the entire loan amount.Also I have decided to pay off the land cost to my parents. In this case I need your suggestions regarding the property.
(1) This property is not ancestral one and it is purely purchased my father on his self earning.
(2) Is it possible for a mother to sell the property to her one of the kid.
(3) Whether other siblings have share on the property
(4) As it is self earned property is my mother have rights to sell the property to any one of her kids without other kids permission
(5) If she is selling like that will there be any legal issues in future for the kid who is buying the property..
(6) What if, If I settle the whole loan amount and clear off the loan then is it possible for my mom to give that property through Thane settlement deed..
(7) If I get the property through thane settlement whether other kids are eligible to ask for share of the property
Please guide me
Thanks
With regards
Jayslakshmi
Kumar Doab
(Expert) 31 May 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 31 May 2017
The owner may pay the loan get full and final loan statement, NOC, original property papers etc and sell/Gift to anyone by valid/registered deed.
Kumar Doab
(Expert) 31 May 2017
Discuss with Lender if Lender agrees to replace the 2nd borrower.
It is their discretion, procedure and sanction....
Kumar Doab
(Expert) 31 May 2017
Same Query:
http://www.lawyersclubindia.com/experts/Dhane-settlement-642871.asp
Jayalakshmi
(Querist) 31 May 2017
Yes we are Hindu.
These questions are not answered
1) This property is not ancestral one and it is purely purchased my father on his self earning.
(2) Is it possible for a mother to sell the property to her one of the kid.
(3) Whether other siblings have share on the property
(4) As it is self earned property is my mother have rights to sell the property to any one of her kids without other kids permission
(5) If she is selling like that will there be any legal issues in future for the kid who is buying the property
Rajendra K Goyal
(Expert) 31 May 2017
You said:
(1) This property is not ancestral one and it is purely purchased my father on his self earning.
Ans: If the property is in the name of your mother she is owner provided if she has not gifted / sold any share to co-borrower while taking loan.
You said:
(2) Is it possible for a mother to sell the property to her one of the kid.
Ans:
Yes if she has absolute title.
Rajendra K Goyal
(Expert) 31 May 2017
You said:
(3) Whether other siblings have share on the property
Ans:
No, till your mother is alive and has absolute title of the property.
You said:
(4) As it is self earned property is my mother have rights to sell the property to any one of her kids without other kids permission
Ans:
Yes. If she has absolute title of the property she can sell / gift / mortgage / bequeath a will for her property, no one can object.
Guest
(Expert) 31 May 2017
What a funny and absurd question asked by the imposter, Kumar Doab, i.e., "It is believed that you are all Hindu. ... Confirm," as if he is a Muslim himself in the garb of fake Hindu name of Kumar Doab and he does not know about the Hindu names, more particularly when the name that denotes the Hindu Goddess, Lakshmi!
Rajendra K Goyal
(Expert) 31 May 2017
You said:
(5) If she is selling like that will there be any legal issues in future for the kid who is buying the property..
Ans:
Seems no legal issue, however t is advised to get all documents checked through your lawyer.
You said:
(6) What if, If I settle the whole loan amount and clear off the loan then is it possible for my mom to give that property through Thane settlement deed..
Ans:
It would be better to have amicable settlement with all concerned. Otherwise discuss with local lawyer.
Rajendra K Goyal
(Expert) 31 May 2017
You said:
(7) If I get the property through thane settlement whether other kids are eligible to ask for share of the property
Ans: Discuss in detail with your lawyer, show him all documents.
Kumar Doab
(Expert) 31 May 2017
Dear LCI Author/Querist @ Jayalakshmi,
The property from mother’s side is not ancestral.
Hindu woman can dispose her estate/property in her life by a valid/registered deed in anyone’s favor.
Kumar Doab
(Expert) 31 May 2017
The 1st right is of her sons and daughters if she deceased without disposing the property whose title is in her name, by a valid/registered deed in her life time.
In case of Hindu woman the nature of property e.g; Self acquired/earned/absolute and source of property e.g; from Parents/Husband matters for succession.
Kumar Doab
(Expert) 31 May 2017
Right now property is mortgaged and you may check with lender and also your own local counsel specializing in revenue/property/civil matters.
Kumar Doab
(Expert) 31 May 2017
Shri Rajendra K Goyal has replied to all points in your last post.
Agreed with Shri Rajendra K Goyal.
Kumar Doab
(Expert) 31 May 2017
Shri Rajendra K Goyal has been with Banks and legal cells and can guide you further also with deep insights into the matter.
Dr J C Vashista
(Expert) 02 June 2017
Your mother is absolute owner of the plot/house, irrespective of the fact that your father had purchased and financed by anyone (your brother or yourself) but registered in her name (your mother).
In order to sell the property to you she (your mother) is well within her legal right and do not require to obtain any suggestion, advise, consent or permission of any one in the whole universe including your father, brother, sister, mama, fufa etc. etc. She has all the rights to dispose it off as she desire.
Guest
(Expert) 02 June 2017
Point by point reply to your queries is as follows:
(1) May be purchased by your father, if title is in the name of your mother, she is absolute owner. No question of the property being ancestral.
(2) Your mother can sell the property to her one of the kid or even anyone else.
(3) Siblings have no right to share on the property during her life time and also after sale.
(4) Yes, your mother has all rights to sell the property to any one of her kids without other kids permission.
(5) No legal issue if she sells in future for the kid who is buying the property. You can go ahead to buy.
(6) It is possible to transfer the property through settlement dead if you agree to clear off the loan. But settlement deal can be effective only after release of property from mortgage.
(7) No issue. Your mother being absolute owner of the property, other kids will not be eligible to ask for share of the property, if you get the property through thane settlement.
Kumar Doab
(Expert) 03 June 2017
The query of the author/querist has already been addressed/resolved, as usual by us in details.
Old, Repeated, same jockering, abuse, nuisance, sarcasm by habitual offender IT=@PSD has been littered in this thread also..
Kumar Doab
(Expert) 03 June 2017
IT=@PSD is entity in 9th post from top and between 2 posts of Shri Rajendra K Goyal.
IT=@PSD is the entity that has pasted the photo of a very old, sick person that DAILY litters all threads with IT’s=@PSD’s constipated view, TRADEMARK TAMASHAAA (IT’s=@PSD’s own favorite word), abuse, sarcasm………….. and IT’s=@PSD’s own die hard habits (IT’s=@PSD’s own admission).
IT=@PSD has made another deliberate attempt at plateform of LCI to litter another abuse:
TO equate a woman LCI author/querist from Southern India with Hindu Goddess Lakshami and to equate Hindu Goddess Lakshami with a woman v from Southern India.
The author/querist has not equated herself with Hindu Goddess Lakshami.
The senior Experts like Shri Kumar Doab, Shri Rajendra K Goyal have not equated Hindu Goddess with a mortal human being.
Kumar Doab
(Expert) 03 June 2017
The habitual offender and abuser IT=@PSD has also added abusive words in same breath funny, absurd while making mockery of a Hindu Goddess and a Hindu woman from Southern India.
Now IT=@PSD at plateform of LCI would be insulting our Gods and Goddesses from sacred lands of Republic of India…!
More so intentionally by IT=@PSD during the current periods when alikes of IT=@PSD are raking up controversies, wars, abuses like IT=@PSD.......................including in Southern states.
IT=@PSD has been attacking abusing, woman, more so pregnant woman, woman facing matters like Divorce, employment related problems, and in particular from Southern states ( recently Tamilnadu) and from Bombay/Maharashtra. IT=@PSD has been preventing LCI experts from these states to help their sisters from their states.
Kumar Doab
(Expert) 03 June 2017
Dear LCI querist/Author/LCI Admin/All readers
The last post of IT=@PSD is copy (Nakal, imitation) of previous post of senior Experts like Shri Kumar Doab, Shri Rajendra K Goyal.
IT=@PSD was never anything, anybody, anyone at LCI.
IT=@PSD is not anything, anybody, anyone at LCI.
IT=@PSD shall never be anything, anybody, anyone at LCI.
It has been just an ordinary member.
With its conduct, abuse and NO contribution, it is lowliest in the lowly.
IT's=@PSD's abuse, nuisance, sarcasm................is to be shunned and shunted.
Kumar Doab
(Expert) 03 June 2017
Dear LCI querist/Author/LCI Admin/All readers
IT=@PSD,
Will not ask any question on anything from anyone.
Will not make any comment on anyone and anyone's any post.
Guest
(Expert) 03 June 2017
@IMPOSTER Kumar Doab,
Pleased to see your heart pain, unbearable irritation and immense frustration on seeing my point to point reply to the author of the question!
Kumar Doab, a fake expert, without real name, photo and even his location!
Kumar Doab
(Expert) 03 June 2017
Dear LCI querist/Author/LCI Admin/All readers
Poser, Imposter, Abuser, habitual offender, Instigator, provoker ( Dangai mentality),............. IT=@PSD,
The last post of IT=@PSD is vein and futile attempt to sidetrack and evade IT's=@PSD's abuse, provocation,instigation, sarcasm,nuisance.............and also attempt to lityter more at LCI till IT=@PSD is not lowered beneath.........
IT=@PSD at plateform of LCI has insulted our Gods and Goddesses from sacred lands of Republic of India…!
Kumar Doab
(Expert) 03 June 2017
Dear LCI querist/Author/LCI Admin/All readers
IT=@PSD at plateform of LCI has insulted, abused woman, more so pregnant woman, woman employees..................and had personal vendetta against woman from Southern India............Maharashtra..........
Kumar Doab
(Expert) 03 June 2017
Dear LCI querist/Author/LCI Admin/All readers
IT=@PSD at plateform of LCI
has insulted,abused, contempted, ridiculed, Chief Justice of Republic of India
O/o Chief Justice of Republic of India
Apex Court of Republic of India
Kumar Doab
(Expert) 03 June 2017
Dear LCI querist/Author/LCI Admin/All readers
The 2nd last post of IT=@PSD is Copy (Nakal, imitation) of previous post of senior Experts Shri Kumar Doab, Shri Rajendra K Goyal.
Guest
(Expert) 03 June 2017
@ Imposter Kumar Doab,
When you say, "Will not ask any question on anything from anyone," Why you asked "It is believed that you are all Hindu. ... Confirm"?
Guest
(Expert) 03 June 2017
@ Imposter Kumar Doab,
If you say, "Will not make any comment on anyone and anyone's any post," why you made 18 posts against a single question and my reply on the question.
Why don't you admit frankly that you make multiple posts just to satisfy your soul and mind and as a remedy to your chronic disease of making vague and misleading multiple posts to misguide the authors of the questions.
Now I shall have to take trouble to make you realize on each of your post separately, how you are wrong, as usual, when you don't know anything about law.
Guest
(Expert) 03 June 2017
@ Imposter Kumar Doab,
You suggested the author, "The owner may pay the loan get full and final loan statement, NOC, original property papers etc and sell/Gift to anyone by valid/registered deed."
By the way, what is the relevance of your advice with the specific questions made by the author of the problem?
Guest
(Expert) 03 June 2017
@ Imposter Kumar Doab,
When you say, "Discuss with Lender if Lender agrees to replace the 2nd borrower. ... It is their discretion, procedure and sanction...." WHAT IS THE RELEVANCE OF YOUR ADVICE WITH ANY OF THE QUESTIONS MADE BY THE AUTHOR?
Guest
(Expert) 03 June 2017
@ Imposter Kumar Doab,
When you already started replying and made three posts in continuation on the repeated query, what was the sense and purpose of stating, "Same Query: http://www.lawyersclubindia.com/experts/Dhane-settlement-642871.asp"?
Guest
(Expert) 03 June 2017
@ Imposter Kumar Doab,
When the author of the question, herself stated, that the property was not ancestral and self acquired, what was the sense and purpose of stating, "The property from mother’s side is not ancestral"?
What special advice did you render and of what utility, when the author knew that and made clear herself?
Guest
(Expert) 03 June 2017
@ Imposter Kumar Doab,
Even as per your own statement, Shri Rajendra K Goyal has already made clear on the points, what was the sense and specific aim of your posting, "Hindu woman can dispose her estate/property in her life by a valid/registered deed in anyone’s favor"?
Guest
(Expert) 03 June 2017
@ Imposter Kumar Doab,
Where was the question of inheritance of the woman's property after death, when her mother is still alive, but you have rendered quite a vague and misleading advice, i.e., "The 1st right is of her sons and daughters if she deceased without disposing the property whose title is in her name, by a valid/registered deed in her life time." and "In case of Hindu woman the nature of property e.g; Self acquired/earned/absolute and source of property e.g; from Parents/Husband matters for succession"?
THAT ALSO DENOTES THAT YOU STARTED MAKING POSTS QUITE RASHLY WITHOUT UNDERSTANDING THE QUESTION OF THE AUTHOR, WHAT SHE DESIRED TO ASK!
Guest
(Expert) 03 June 2017
@ Imposter Kumar Doab,
When the author of the question knows well that the property is mortgaged, what actually was the sense of making her aware of what she knows that "Right now property is mortgaged and you may check with lender and also your own local counsel specializing in revenue/property/civil matters"?
Still further, you have made a cost oriented suggestion, but you have not advised, what for she should "check with lender and also your own local counsel specializing in revenue/property/civil matters"?
Still further, when she did not ask about mortgage, what was the sense of sidetracking the issue from the main problem?
THAT AGAIN DENOTES THAT YOU MAKE POSTS QUITE RASHLY WITHOUT UNDERSTANDING THE SENSE OF THE QUESTION, WHAT SHE DESIRED TO ASK!
Kumar Doab
(Expert) 10 June 2017
The frantic, frustrated posts of IT=@PSD are advertisement of purposeless and meaningless life lived at LCI also.
Of course these are record some points and show IT's=@PSD's photo.
Kumar Doab
(Expert) 10 June 2017
At the plateform of LCI IT=@PSD has advertised that adding title Mr/Mrs/shri/Shrimati (equivalent of Zenab/Mohtarma) to one's name makes one tout ( Dalaal/Dalla/Bhadwa)................
IT=@PSD has not advertised which original research on IT's=@PSD's tribal genes, customs proves it.
Kumar Doab
(Expert) 10 June 2017
Poser, Imposter IT=@PSD
Your condition has been truly and truthfully diagnosed as ;
Worsened in last 17-18 months
at LCI.
You are at liberty to rant, today also in your private fiefdom, in front of your own mirror as many times as you want............
