Loan against will deed

Madhur Singh (Querist) 12 May 2013 This query is : Resolved
Respect sir,
A was the owner of the a residential house on the basis of a Registered sale deed. During his life-time he executed a registered will deed in favor his son B. now after the death of A, on the basis of registered will deed can B mortgage said house against loan to the bank? or In case of registered will deed, the declaration of the ownership by civil court will be required for the loan

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Devajyoti Barman (Expert) 12 May 2013
No need for declaration. However taking Probate of Will is advisable especially if taking of Probate is compulsory where A is residing.

Raj Kumar Makkad (Expert) 14 May 2013
Probate of will is must through civil court in the given case prior to mortgage.

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