Release of motgaged properties

As per your query it is understood that you need information regarding the transfer of the mortgaged property.

As you have asked whether your brother and sister are entitled to get a share in the father’s property if you have paid all the debts the answer is “Yes” they are entitled to get their share in the property as they are also the legal heirs of their father’s property.

Also, you have mentioned that you’ve paid the whole debts of the property so you can claim the same from your brother and sister. Inheritance means that the liabilities of the property are also inherited by the legal heir.

The inheritors if the property is liable to repay the loan. Therefore, all the inheritors are to jointly and severally pay off the loan. As for the inheritor who cannot contribute, you should get a relinquishment deed from him in favor of the remaining inheritors so that he doesn't receive his share.

Hope it helps!

Regards,

Anusha Singh

The partition is subject to all assets and liabilities of the deceased which must be accounted for separately.  Yes, other co-sharers can claim their share on the property and has to share the liabilities also. 

The facts, as stated, do not deprive your siblings of their share in the property. In fact, the property is jointly vested with all the legal heirs with all its liabilities. It is only that at the time of partion or even earlier, you can demand other legal heirs to make good the exepenses you have borne in their behalf.