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Can my father take additional loan


06-Apr-2023 (In Family Law)
I am looking for a legal advice. My mother has invested on a property in my home town, paying from her paycheck from past 20 years and house rents. Being an Alzheimer’s patient she lost memory and can’t talk. My Dad lived with another woman throughout his life. He used to collect rents and pay house loans, after my mom fell sick. Now He got loan closing certificate and trying to get house original documents. Can He sell or take additional loan amount using that document. The property is in my Mom’s name , cleverly he has doctors certificate claiming my MOM cannot talk or read . He don't have kids of his own from another lady Thank you
Answers (2)

Answer #1
748 votes
Hi dear. If the property is in your Mother's name then your father can not sell it. It is important to know who have the property documents and who is in the possession of the property. To safeguard it you can file a injunction suit which is in a civil nature according to the jurisdiction of the land.
Answer #2
958 votes
NO. HE AS WELL AS ALL THE CHILDREN ARE NOW JOINT SHARE HOLDERS OF THE PROPERTY. NO ONE ALONE EITHER CAN SELL THE PROPERTY OR CAN TAKE LOAN AGAINST IT. FOR YOUR SHARE YOU HAVE TO FILE A CASE IN THE COURT OF LAW. THE SECOND WIFE HAS NO RIGHT ON THIS PROPERTY.

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