Hello, our father (property owner) was a pensioner who has recently been deceased and now we had to transfer the home loan we have in his name to other bank as they are offering less interest. However we have been asked from bank for sale deed in my moms name. How can I proceed with that? Can a sale deed be transfered on my mother name? Also we were told that we can get our property transferred in local muncipal records by producing death certifacte and family certificate, however bank wants sale deed on our mothers name and consent from us both sons. We are a family of mother and two sons who are lagal heirs of the property and we want our mother to be the property owner. In addition to this my brother is working abroad and stuck in ther as there are no flights. Considering this, please give your siggestions.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You and your siblings can execute gift deed or relinquishment deed for your share in property
it should be duly stamped and registered
if you sell your share in property to mother then she has to pay you sale consideration
not necessary to execute sale deed
The sale deed cannot be transferred. Name in municipal record can be transferred by submission of death certificate. You all can relinquish your share in her name by execution of deed. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
Any party who is not physicallly present will need poa so as your brother if he can't be present
Upon intestate death of your father, the property lying on his name shall devolve equally on all his legal heirs.
If you all want this property to be transferred to your mother's name alone then you people should execute a registered release deed relinquishing your rights in the property after which the property records in the municipal records can be transferred to her name.
Once you complete this process you can approach bank to transfer the records to your mother's name after which you can ask for take over loan from the other bank.
If your brother is not able to travel to India, he may give a POA deed in your favor by which you can execute the joint registered release deed on his behalf too.
A sale deed is registered between owner of property and purchaser, how can father register sale deed now. Bank is trying to blackmail you not the transfer loan to other bank. The legal procedure is, with the proof of title deed and death certificate you should submit an application to municipal authority to transfer the property in the name of mother enclosing NOCs from all legal heirs. This is called mutation of property with amount to valid and legal transfer of property to mother. Produce the mutation record to bank and request for transfer loan. If bank refuses issue a lawyer's notice and file complaint in District Consumer Forum seeking direction to transfer loan to other bank. Under new Consumer Protection Act, 2019 proceeding are very fast.
Dear sir,
The sale deed cannot be transferred. the legal heirs can relinquish their share by signing a NOC
The records need to be changed in favour of your mother and such can be done by producing documents like a death certificate before the Municipal corporation.
Thank you
i dont understand why a sale deed is needed?
i believe there is already a registered sale agreement between the builder and your father which has been given to the bank as a security
after demise of your father his property will devolve on his legal heirs who are his widow and 2 sons
so the 2 sons can register a release deed in favour of the mother so that she becomes the exclusive owner of the property
this registered release deed and the original sale agreement can then be given to the new bank as and by way of security
- As per law after the death of your father intestate , his property would be devolved upon all the legal heirs equally.
- However you can leave your share in favour of your mother after executing a release deed.
- Further, without paying the full refund , the present bank will not release the original sale deed , and only then the new bank can sanctioned loan .
- You can apply for getting legal heir certificate before the Tahsildar /registrar after submitting the details of all family members with the death certificate of your father.
- The said brother who is living abroad can execute a POA in favour of any relative /family members for the said work done in India.
- The POA should be properly notarized as per rule of that country and attested from the consulate of India.
Are there any lawyers or advocates online that can help us ro prepare draft for POA? We tried locally but we fell the fees we were asked are bit too high.
You can contact any lawyer of this forum whose particulars are available against their names.
You can contact me I will do the needful in reasonable amount
You can contact any lawyer for drafting POA
obtain contact details from the website
Dear Client,
You can contact us here via 'kaanoon', or you may also set up a consultation with us on 'kaanoon'.
Thank you.
why would any lawyer give his professional services either for free or at a lesser fee?
the fees would not be justified if the lawyer does a copy paste job and does not apply his mind while preparing the draft keeping in mind the requirement of the client
however a competent lawyer would charge his fees commensurate with the services he provides
- A POA can be drafted online as well , hence you can engage any lawyer of this website as well.