Legal Question in Banking Law in India

One's father had a valid sale deed pf property. He has been expired . he has only son left behind.

Can his son on the basis of his father's sale deed create equitable mortgage . to obtain a loan from banking institution.


Asked on 8/23/10, 10:56 am

4 Answers from Attorneys

Vishwa Arya Arya & Co.

how about mother? if mother is not alive, and there is no other legal heir, he surely may do so

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Answered on 8/23/10, 10:57 am
J. Radhakrishnan independent Practice

if the father is succeeded only by his son and no other heir like mother etc., he can create an equitable mortgage with the title deed in the name of the father and supporting documents like heirship certificate issued by Revenue authorities, change of property tax registry in his name, transfer of Patta or katha in his name.

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Answered on 8/23/10, 7:49 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

no, the son has to obtain the succession certificate first and only then he can mortgage the property. no one can pass on a title better than he holds himself.

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Answered on 8/24/10, 12:19 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The legal heirs of the deceased will need transfer of their name in records-of-rights.

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Answered on 8/27/10, 9:56 am


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