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Property »Posted 25 Apr 2012             Click here for Free Legal Advice           Disclaimer

Regarding mortage property

   Hi,

Can an owner make gift deed for an mortage property?

Regards,
Manish Khatwani




   Yes. But it will be subject to the mortgage and the donee will have to discharge the morgage dues if he/she wants to have unencumbered property. The Mortgagee will have the first right over the property for the dues.
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   Dear Client,

Yes. However, the mortgage must be paid. Some mortgage documents contain a clause that requires the balance be paid upon transfer. You should inform the bank of your plans. Perhaps they will allow the grantee to assume the note. Or, if you intend to reserve a life estate, perhaps the bank will allow you to keep making the mortgage payments.

C S Dwivedi
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   A owner can gift the mortaged property there are no hurdles but the mortage will remain on the property unless dues are paid.
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   Dear client, yes, but donee will have to clear the title first, in order to occupy the same.

J.C.KAUSHAL
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   Dear Mr. Manish,

An owner can make a gift deed of a mortgaged property. This gives the liability to the person who gets the gift deed in his favour, to clear the dues also.

Regards,

Brijinder Khurana (Ms)
Advocate
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