2

I am from Chennai, India. The house which we are living in Chennai used to be in my father's name. My father has four children and I am the last one, daughter and I am widowed and living with my father.

My father wrote this house in my children's name 5 or 6 years ago as he did not want any claim from my siblings. I have 2 children, an elder son who is 22 and a daughter who is 17 (minor).

My father expired last month. I would like to know whether I can take a loan against the property documents as the house is in my children's name now? My son is just going to join his job next month and my daughter, as mentioned earlier, is a minor.

  • I am sorry for loss. But welcome to the site and I hope we can assist you. Could you please clarify the last sentence in the first paragraph? I am unclear what you meant. Also, please review my changes for accuracy. – MrChrister Sep 16 '14 at 13:40
  • 6
    This question needs to provide a lot more information than it contains before it can be answered. Five years ago, both of the OP's children were minors, and thus not entitled to hold property in their own name: a guardian or custodian would have to be appointed. It is also not clear what "wrote this house in my children's name" means. Transferred title to the children? Made a will leaving the property to the children? Merely wrote a note saying "Dear OP, after I am gone I want this house to go to your children?"? There is also the issue of whether the father inherited the property, etc. – Dilip Sarwate Sep 16 '14 at 13:49
  • Grand father gifted property to minor grand daughter by registered Deed of Gift and handed over possession of the same to the father of the child. Then the said father in taking loan from Bank mortgaged the said property along with other property. Now how to protect minor's property against Bank going for auction sale of the said property ? – user24301 Dec 27 '14 at 6:51
2

Assuming that all the paperwork is in order and the property is registered jointly in the names of both of your children.

Can you take a Loan against this property? Not really. As the property is in your children's name they will have to jointly approach the Bank and apply for the Loan. As you daughter is minor, the legal guardian would have to sign.

It is the Bank's prerogative to either approve or reject the loan

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.