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sanjay (manager finance)     02 March 2022

Family property

My father is govt retd. person he is having  one flat in delhi. He also registered his WILL where he has given the said property to his sons with 50% sharing each. He also mention in his WILL that whovever (both son) wants to purchase the said property can purchase but he has to pay 50% share amount to other son. We have also two sisters but they are not at beneficiary as per the WILL. Now my question is that my nephew is going to purchase my father flat. for purchase of said flat he need Home Loan but no bank is providing the loan on said property stating that its an family property so home loan cant be given. please provide the solution so that he get the home loan (home loan only to get Income Tax benefit). Further, in case my sisters are not having share in that property as per the WILL does they challange their claim in future if yes how to safeguard this.   



Learning

 1 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     02 March 2022

Hello,

Bank has rightly refuse to give housing loan as it will be family transaction. However you may mortgage the property and get the loan. 

Your sisters may challenge the will if they doubt that will is bogus in court of law. 


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