Suresh Bishnoi 28 November 2018

mortgaged property can be gifted

one person took a loan from bank on his agricultural land. and later he gifted half of this land to his wife without any consent from bank. in gift he registered this land on his wife name bus mutation/inteqal is completed. loan is still due. is this a fraud with bank or not? please guide.

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Adv Deepak Joshi +917017821512 (Advocate) 28 November 2018

Although gift deed will not be valid as property is mortgaged first loan amount has to be cleared then it can be gifted.

This amount to cheating and fraud with bank.

Shashi Dhara 28 November 2018

Yes he has right to gift. After clEaring loan the donee can claim title. Until she cannot claim title.

Suresh Bishnoi 28 November 2018

thank you and can his wife file a case for mutation of that agricultural land or not? and if she can claim then where should file case or application.

mortgaged property can be gifted

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