LawRato

Partition/settlement of property under bank loan between 2 brothers


24-May-2023 (In Family Law)
Religion: Hindu Background: Independent Property with 2 Apartments in 2 Floors in Banashankari Bangalore The Plot(With a house constructed on it) which was in my father in law's name was written off to my mother in law as a Gift Deed (Before his death in 2009). After his demise my MIL , my husband and my BIL had agreed to demolish the old house and construct a new building with 2 Apartments(Different sizes) + Ground Floor. During the time of my marriage with my husband the house construction started and For building the house we had taken a joint Home loan (Myself+Husband+BIL's business+MIL's Shop) of Rs.82 Lakh and we are now trying to get a top up loan of another 25 lakh under the same names. Now, due to some reasons, we need to partition the house's ownership between 2 parties. Question: Is it possible to do a valid partition/settlement when the house is under Bank Home Loan? If yes, what kind of impact will it pose towards the top up loan we are seeking?
Answers (1)

Answer #1
947 votes
Hi
Yes you can do partition but subject to written permission of Bank, where you have availed the loan. In that partition even the loan balance in the bank has also to be under taken to reply it, even the bank shall also work out the elegiableity.

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."