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Ram (Technical lead)     04 January 2025

Gift deed of a house which has loan on it

Hi,

I and my brother bought a house together as joint owners few years back by making loan. 

My brother wants to give  his share as gift deed of that property so that I will be the owner.

As it has still loan, legally can my brother can give gift deed? As per my understanding until loan is cleared it can't be gifted. As I have eligibility (alone) to pay the pending amount wanted to check if there is any procedure which we can work with the bank and get the gift deed done with right legal procedure.



Learning

 5 Replies

Dr. J C Vashista (Advocate )     04 January 2025

You are absolutely right, your brother can execute a gift deed and transfer his share in your favour only and only after redemption of loan and taking a NOC from financier.

Ravi Varma   04 January 2025

1. Please check the loan agreement you both signed with the bank on "transfer of the property under loan" clauses. if there is no clause that is stopping u from transfer then, 

1 a. ) Check the EC of the property if the loan mortagage is reflected in the EC, if not then you can go ahead with gift deed.

1 b.) If EC reflects mortagage or in any case as  as you want a cleaner approach do this, make a notarised gift agreement and both brothers visit the bank show this notarised gift agreement let the bank's legal team guide you further. 

T. Kalaiselvan, Advocate (Advocate)     04 January 2025

As there's a mortgage loan pending repayment on both the names, none of you both have title to the property until the loan is fully discharged.

Hence you will be advised by the bank to clear the loan first and then proceed with desired transaction in the property as proposed.

Advocate Bhartesh goyal (advocate)     04 January 2025

No, mortgaged property can't be transferred by way of gift until and unless entire loan amount alongwith interest is paid and NOC in this regard is obtained by Bank.

P. Venu (Advocate)     04 January 2025

To my knowledge and understanding, in the given facts, the gift deed could be executed unless there are conditions to the contrary in the sale deed. 


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