mortgage of Ancestral property
Querist :
Anonymous
(Querist) 09 July 2010
This query is : Resolved
I am having ancestral property. I have two sisters. There is no any partition between us. After the death of my father, my name has been mutated in Record of Rights. Then I was minor and my mother was minor guardian. After majority, guardian is not on records 27 years ago. My sisters are married and residing happily with their families.
I approached a Bank for loan. After studying my case, bank advocate given opinion that, my title is not clear because of sisters. He told that, as per newly amended HIndu Law, sisters also got share in property and hence mortgage cannot be created without the consent of my sisters. He told that, because there is no relinquishment deed or partition deed, their claim exists. My sisters are married before 20 yrs.
Please clarify.
Devajyoti Barman
(Expert) 09 July 2010
The Bank is rightly advised as the sisters are also having equal undivided right in the ancestral property the brother without their consent can not mortgage the whole or part of the property which is yet to be partitioned.
Y V Vishweshwar Rao
(Expert) 10 July 2010
The Property is not partitioned and not disposed - by amendment of the Act the sisters are entitled for sahre with equal rights ,the consent of sisters is required to avoid any future claims by sisiters agisnt the Mortgage by you .
Chanchal Nag Chowdhury
(Expert) 10 July 2010
U have to obtain the consent of your sisters before proceeding. However, it is not necessary that your sisters will have to relinquish, partition ,etc.Mere written consent to the mortgage is sufficient.
