LawRato

Can I sell property if father took loan on that property


23-Dec-2023 (In Property Law)
I have joint flat of me and my father in law then my father in law done gift deed to my husband but after one year we got he has taken loan from some jewellery person without my information now I want to sell the flat and my building also going developmentany problem is there for selling the flat can I sell my flat or redevelopment should I face any problem
Answers (3)

Answer #1
527 votes
You might have little problem in selling since you are the co-owner of the property and have equal share in the property but the share is not defined and hence can't assure which part is yours and hence cannot sell the property. For further details feel free to contact.
Regards
Answer #2
654 votes
No you can not. As the flat is in join ownership one co-owner cannot sell without consent of the other . As the flat is mortgaged you cannot redevelop without written consent of the mortgager even said mortgage of whole flat by one co-owner itself is illegal.
Answer #3
710 votes
As per law act done by your father in law is not sustainable in the eye of law even it will not be sustainable in the eye of law when you will sell it without any no objection certificate from your father in law

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."