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umaramesh (homemaker)     19 February 2015

Property mod in bank

sirs

My husband purchased a house in his name by obtaining loan from hdfc bank . i am not a co- applicant. Recently my husband passed away leaving behind my only minor son and me. my in- laws living separately in pondicherry and not dependant on us as my FIL is a pensioner and doing chemical business and income from house rent. their name is not included in our ration card. but in legal heir certificate their name is included.

1 ,  In these situation can the loan account of Hdfc can be changed in my name to continue to pay the EMI ?

2.    can my IL claim these property which is under bank loan ?

pls suggest

 

 

 



Learning

 3 Replies

vivek malhotra (Advocate)     19 February 2015

Yes they have every right in the property left as they are the survived legal heir even though you are paying the EMIs to the bank.

 

Its better file a petition for succession Certificate and take no objection from them that they have no objection if the property is transferred in your favour only.

 

Kumar Doab (FIN)     19 February 2015

It is believed that you are Hindu and your husband has not left any WILL.

The mother/spouse/children are ClassI legal heir(s) and shall share the estate equally amongst themselves.

The mother can relinquish her rights in your favor.

You can continue to pay the EMI.........................however if you concur to bank to pay the debt in writing then you have to.

Otherwise wife is not liable to pay debt of husband.

Since the house is mortgaged the bank is safe in such case of 'Secured debt'.

 

Think on all pros and cons and decide as suitable to you.

 

 

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     19 February 2015

1) Your husband's mother, yourself (wife) and your children are only I Class Legal heirs 

2) so all the I Class Legalheirs are having equal right over the property 

3) if your mother in law ready to give Release deed in your favour the property become your (yourself and your children) absolute property .

4.)your father in law is not having any right over your husband's property.


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