LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

banu   02 June 2016

Property gift transfer which is under mortgage with bank to loan co-applicant

My mother owns a property.Me and my mother applied for a housing loan in SBI with my salary as only income as my mother was a housewife. The loan was sanctioned and the property documents were mortgaged to bank as per the process.Now i got to know that as I have no rights on the property will not be able to file the income tax returns.My mother wants to gift deed the property to my name but the documents are with Bank.Kindly let  me know the process for Gift transfer which is under mortgage with bank so that i can be able to File the Income tax.



Learning

 5 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     02 June 2016

Sir, 

 

In order to gift the property she should be absolute owner of the property, but since your property is on mortgage the same cannot be gifted at this stage. 

 

Warm Regards 

Kapil Chandna Advocate

9899011450

banu   02 June 2016

Hi Kapil, Thanks for the reply.My mother is the absolute owner of the property what I meant mortgage is while acquiring home loan the original documents were submitted to the bank as per the process.Please let me know the process in this scenario.

banu   22 June 2016

Any help on my query please.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     12 August 2016

1. Apply for a NOC from the Bank, for making Gift Deed. The Bank will issue NOC and the loan /mortgage will continue or transferred to the new owner, with the existing conditions.

 

Keep Smiling .... Hemant Agarwal

VISIT: https://www.maharashtra-society-help-forum.com

Kumar Doab (FIN)     12 August 2016

You can benfit from the advise of experts and procced for valid deed without defects..

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register