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Can mother transfer mortgaged property to grandson through will


09-Jun-2023 (In Property Law)
My father, owner of self acquired property transferred his home in my mothers name who is housewife. my elder brother has taken a loan of 20 lacs with my mother as co-applicant for house construction. Me n my elder brother both are paying the EMI equally. So, even if the loan is in my mothers name (in whose name the property is registered) and my elder brother, the EMIs are paid by me n my elder brother. Now, my mother intends to transfer the house to her grandson (son of my elder brother) by way of WILL, leaving me out of that. is it possible, can she make a will evn if property is under loan
Answers (1)

Answer #1
977 votes
Yes, your other has full right to transfer the property to anyone she desires, since she is absolute owner of property after your father transferred the property in your mother's name. In case the property was ancestral property and not self acquired property of your father, then you may challenge transfer by your father in you mother's name against your consent. Now even if you are paying EMI;s your mother has full right in the property and to transfer in anyone;s name she desires.

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