Legal Question in Banking Law in India

a person who is the owner of an immovable property dies. Her family consists of her husband & two daughters, one of whom is married & is living abroad. Who is the owner of the property & what is the procedure by which the family members can raise loan against this immovable property.


Asked on 6/24/10, 11:45 pm

2 Answers from Attorneys

IqbalAhmed Shaikh Moavin Legal Associates

A Hindu woman's property upon her death, devolves first upon her children (and grandchildren through any predeceased children) and her husband in equal shares.

If she leaves behind neither husband, nor children, nor grandchildren, then, the property goes to the heirs of her husband.

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Answered on 6/25/10, 5:48 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

All the Class I legal heirs inheirt euqally. Therefore, first of all of you should get the property transferred in your name by way of inheritance; and thereafter either you may partition the property or motgage the same jointly.

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Answered on 6/26/10, 4:28 am


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