Murthy 12 January 2020

mortgage

ground floor of a residential house is mortgaged with bank can first floor of the same building along with uds in entire property be sold or gifted

SHIRISH PAWAR, 7738990900 (Advocate) 12 January 2020

Dear sir,

It is not allowed. You may seek bank's permission and on permission you may sale or gift property.

Regards,

Murthy 12 January 2020

in the event if bank provides can the first floor newly constructed house be gifted along with uds in entire property

Murthy 12 January 2020

thanks for yr comments

P. Venu (Advocate) 13 January 2020

Facts, as posted, lacks clarity.

Dr J C Vashista (Advocate) 14 January 2020

Whether first floor of the property is a freehold and absolute title of the donor ?

It is advisable to consult a local prudent lawyer for better appreciation of facts / documents, professional guidance and necessary proceeding

T. Kalaiselvan, Advocate (Advocate) 18 January 2020

The entire property cannot be sold or transferred by a gift deed because a portion of the property has been mortgaged.

You can sell the property which i free from any such encumbrance