Can the mother ask son to evict the property and give the property to her daughter
2 years ago
Mother is the owner of the land and she built ground floor house. After that son applied for loan on the land and built 1st floor and 2nd floor the mother is the co applicant and son the applicant. Can the mother ask son to evict the property and give the property to her daughter ?
A.Dear Sir,
You cannot be evicted unless your amount which was invested for the construction of first floor and second floor are returned back to you. In the meanwhile you may approach civil court and get an injunction order against your mother and sister.
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You cannot be evicted unless your amount which was invested for the construction of first floor and second floor are returned back to you. In the meanwhile you may approach civil court and get an injunction order against your mother and sister.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
When you to erase the name of your co-applicant from your home loan, you must contact your lender and ask for novation. This is a declaration that shifts the responsibility of repayment of the home loan from two borrowers to one. However, this all lenders do not permit this and such a transfer would depend on your lender's terms. Only then, can you remove your son's name and pass on the property to your daughter.
If you find my answer helpful then kindly rate me.
When you to erase the name of your co-applicant from your home loan, you must contact your lender and ask for novation. This is a declaration that shifts the responsibility of repayment of the home loan from two borrowers to one. However, this all lenders do not permit this and such a transfer would depend on your lender's terms. Only then, can you remove your son's name and pass on the property to your daughter.
If you find my answer helpful then kindly rate me.
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A.Hi,
Since the son is a co-applicant, you need to first go for a novation in the contract. If you wish to remove a co-applicant's name from your joint home loan, you need to ask your lender for a novation. The original loan will then be substituted for a new one, in the name of the person who will take complete financial responsibility for the home. Till your son is an applicant he shall have an interest in the property.
If you find my answer helpful then kindly rate me.
Since the son is a co-applicant, you need to first go for a novation in the contract. If you wish to remove a co-applicant's name from your joint home loan, you need to ask your lender for a novation. The original loan will then be substituted for a new one, in the name of the person who will take complete financial responsibility for the home. Till your son is an applicant he shall have an interest in the property.
If you find my answer helpful then kindly rate me.
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A.Here the son has just taken the loan but has he been able to create any documents in his name which shows that the portion of the property belongs to him? any documents like deed, electricity bill, water bill, lease deed, property tax etc. If not then there is a rick that he is carrying.
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