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Is it possible to file for partition if property is mortgaged
30-Jun-2023 (In Property Law)
My grand father, father and father's brother have jointly borrowed loan from a bank using 'Deposit of title deeds for mortgage'. All original documents pertaining to our house is given to bank. Now my grand father passed away. My father's brother has filed a partition suit in court. Kindly help addressing this problem as all our documents are in bank. Is it possible to partition the property when the loan is outstanding.
Yes, your uncle has filed partition suit even mortgaged the suit, there is no bar for the same. Concerned bank will given certificate/letter to your by stating that the documents are mortgaged through deposit of title deeds.
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Adv. Chandrashekhar Vithal Jadhav
Bangalore / Bengaluru | 5+ Answers
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