Property owner ship issue

It is believed that you are all Hindu.

Confirm!

Succession opens on date of death.

In case of succession of Hindu Male; 1st right is of ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…………..

Thus the share of Husband (your Brother in Law) devolves equally upon his surviving ClassI legal heirs

In this case the property is under secured loan and 1st charge is of Bank/lender.

The legal heirs need No one's consent to pay the loan.

They can approach the lender/Bank and affirm to pay the loan.

Prior to that Obtain from lender/bank authenticated copies of loan brochure,loan application, loan approval,loan agreement, KYC docs obtained by bank,loan statement from 1st month till last,any insurance covering the loan whose premium is paid by borower....................

Lender/bank is under obligation to provide each and every document.

If there has been an insurance then Bank/lender shall appropriate the proceeds from it to settle the loan and pay balance if any to legal heirs.

The Co-borrower ( father in law of your sister) may stake claim to the extent it has tendered repayment, therefore obtain records from Bank showing any payment by Co-borrower.....

Otherwise he not being ClassI legal heir and ClassI legal heirs being present............He has NO share in property left by his son.

Obtain death certificate, legal heir certificate/affidavit and submit to lender/bank  and authority under whose jurisdiction property falls to update their records and mutations.....

The authority might have issued some NOC for loan and may ask NOC from lender/bank....

Don't forget to obtain original property title docs and NOC after payment of full loan amount....

Dear LCI querist @ Mr. Divyesh Bajpai,

Apparently it is some property in some society.

The society can transfer the shares to Nominee.

The nomination in society is not a parallel route to sucession. 

Nominee is not owner.

The contact with each other or NO contact as posted by you,does not matter.

Until or unless anyone say: the Mother does not relinquish her share by a valid/registered deed her share stands................

The society shall let you know of simple and straight forward requirements of docs and procedures.