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Loan by a Xerox copy of deed. How to proceed ?
30-Apr-2023 (In Property Law)
I am subhajit age of 18 yrs old.my father was two marriage.now my father is dead and his first wife is also dead.i am son of second wife.my brother who is son of first wife ,do not behave gently with us .my brother recently bought a flat in kolkata and took a huge amount of loan. Now he asked us for a Xerox copy of our house deed.i gave him a Xerox copy.but my mother is thinking whether my brother take a mortgage loan by this house to pay his flat loan.this house is in my fathers' name till now.so please tell me kindly whether my brother can get a mortgage loan for reimburse his flat loan?is there any kind of danger for us? What should we do in this purpose?
So far I have been able to understand from your query that property is in the name of your father and you are the son of second wife so your brother who is son of first wife is legalheir of your father and if suppress the facts of second wife of your father he can took loan against property. So for any further legal advice you need to visit personally.
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Adv. Vivek Poddar
Kolkata | 100+ Answers
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Dear client ,
As per your details your step brother has undivided share in the property left behind by your father if the marriage between your father and his mother was legaly valid. Through the xerox documents he can easily get certified copies of the documents of the said flat and if the banks agree he easily keep his share as collateral mortage in the bank and avail loan or keep it as securities by producing other documents regarding his heirship to the property of your father.
As per your details your step brother has undivided share in the property left behind by your father if the marriage between your father and his mother was legaly valid. Through the xerox documents he can easily get certified copies of the documents of the said flat and if the banks agree he easily keep his share as collateral mortage in the bank and avail loan or keep it as securities by producing other documents regarding his heirship to the property of your father.
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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