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Anonymus (Student)     13 July 2024

Can property under home loan be divided among children

My father has purchased a property of  worth 40 L , in which my father has given 10 L net amount , and remaining 30 L was made into home loan ,  my father itself beared the registration costs too which was approx 3L . 

Now, the 30 L home loan is given by bank , on name of my brother, and the property is also registered under name ofy brother itself, as the home loan is on his name , and at present he himself paying the loan . 

My father said, when we sell the property, watever the amount i paid in net , i will get it back and remaining loan amount paid by brother will be his .IS THAT POSSIBLE ?  

Do we need any proof to prove that my father paid the 10 L in cash ? 

only proof we have is the cheque issued by the bank as home loan which is 30 L, and also my father has paid the amount 10 L  ( 1L liquid cash, 9 L bank transaction)  these transactions were made by my father's bank acocount to the  property owner , will that serve as proof ?

what if tommorow , my brother turn plates and say that whole property is his ??? and he himself paid the whole amount and paying loan also ?? 

THE only reason my father did this is,  as only my brother was eligible to get the home loan.

Pls let me know , can my father get back his amount spent on property ? are the bank transaction and home loan cheque evidences enough to prove he spent the money ??



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     13 July 2024

Since the property has been registered on your brother's name and admittedly he is repaying the home loan, it is easy for him to establish his title to the property and can refuse to accept your father's request to return the amount he invested.

Therefore you can find an amicable solution by some mutually agreed conditions.

You may not be able to succeed if you adopt legal route.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 July 2024

If a property is on loan, it can be sold, but the process is more complex and involves additional steps: 1. _Check the loan agreement_: Review the loan documents to see if there are any restrictions on selling the property. 2. _Obtain lender's consent_: Get permission from the lender to sell the property. They may have specific requirements or conditions. 3. _Pay off the loan_: Use the sale proceeds to pay off the outstanding loan amount. 4. _Discharge the mortgage_: Once the loan is paid, the lender will discharge the mortgage, releasing their lien on the property. 5. _Clear title_: Ensure the title is clear of any encumbrances before transferring ownership to the buyer. Types of loans that may affect property sale: 1. _Mortgage loan_: Most common type of loan, where the property is used as collateral. 2. _Home equity loan_: A loan using the property's equity as collateral. 3. _Construction loan_: A short-term loan for building or renovating a property. 4. _Line of credit_: A loan with a variable balance, often secured by the property. Consult with a real estate attorney or title company to ensure a smooth transaction.


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