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LALIT KUMAR GARG (MUTUAL FUND ADVISOR)     07 July 2012

Problem to get home loan

dear sir,
         My name is Lalit Kumar Garg. I am from Firozabad (Uttar Pradesh).
         I live in ancestral house which is in the name of my grand father by way of
         registered family partition deed . Registration year is 1959 . I have second copy
         of this partition deed .This deed is not in very good condition now.
         In 1993 my grand father made a registered will in favour of my father and my  
         uncle.As per will half of the  house of north side for my uncle and half of the house of
         south side for my father.After my grand father death in 2004 my uncle and my 
         father has divided the house as per will. Now my uncle sold our  portion in march
         2012.Now half of this house of south side in my father name as per
         my grand father will.
         My father has died intestate in 2006 .We are four members in my family consisting
         mother, younger brother and one married sister. In municipal record name of my
         mother has been entered as per the will of my grand father.Prior to this change the
         property is in the name of my grand father's elder brother in municipal record.
        Now we are paying the municipal taxes in my mother name. After my father death
        we (my family) have destroyed our portion completely and constructed ground floor
         again and rennovate our portion in 2011.Now the problem is that when we(my
         family) want a home loan from bank then bank officials said that they
         can not give any loan on this property because of insufficient papers of property
        .They want the sale deed of this property i.e actual buyer of this house(property)
         prior to partition in 1959 which is not in my knowledge.Also they want the
          succession certificate because my father has died intestate.There are no
          dispute in my family . We want home loan for first floor construction.
         Now what should i do to solve this problem so that the bank can not reject my
         loan application?
         I am awaiting of your valuable suggession and advice.
 
thanks & regards
lalit kumar garg
mob-9897292288 


Learning

 2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     08 July 2012

Succession Certificate shall be issued by the district court or the high court. kindly contact the local lawyer for the same. it shall be good and in your interest if you get the succession certificate in the name of the one family member.

for any further assistance kindly call on 9324538481

Ajit Singh Cheema (practising Advocate)     08 July 2012

Please note succession certificate is required for movable properties such as bank deposits and articles lying in the bank lockers etc..There is no need of succession certificate for immovable properties , and its through inheritance mutation that the property is transferred in the name of all the legal heirs.


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