quesCan wife sell dead husband's property to pay loan? Can bank deny it?

My neighbour's husband passed away six months ago. He had overdrawn around 10 lakhs from his current account for business expenses and placed a commercial property he owned as collateral.


Now his widow doesn't have the funds to service the loan- she was a co-borrower. Is there an option to sell the property herself and pay off the loan? Will the bank agree and is there any legal method of doing this?


Please provide me with free legal advice.


  • ans


    We need a few more details to answer this in a better way:

    1. Was the property purchased by the deceased in joint name with his wife?
    2. Whether the deceased executed any 'Will' in favour of his wife?.
    3. Are there any other legal heirs except his wife?


    Further I understand that the deceased mortgaged the property in the bank and the liability of paying loan goes to his wife. In that case she is legally bound to pay off the loan amount failing on which bank can sell the property through Auction. Thus legally she is bound between the boundaries.

    My Advise:- Explore the market rates of the property. If the market rates of the property is greater than that of the loan amount then sell the property to someone who is ready to pay off the loan amount, give all funds to her and then she can pay off the loan, saving the balance funds with her.


  • Send a legal notice to builder for delay in construction @ Rs. 1999/- only

    Know More
  • 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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Property lawyers in India

Similar questions

i want to purchase a land which is st/sc land. is that good decision or…

My house is surrounded by other houses and we are in the middle of the…

a property broker is forcing us to sell our land though we do not want…

Hi, there's been a construction going on our roof, at first we were pretty okay…

Property Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Dr.Gubbi S Subba Rao

  K G Road
 Experience: 31 years

View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly