Can my brother avail loan on the farming land after my father's demise Can my brother avail loan on the farming land after my father's demise

1 year ago

Hi folks, My father demise 1 year ago. My mother is alive. My father had ancestral property (farming land) for which he never made will. Now after 1 year of my father's demise, my brother is trying to take loan on the same land. Property is not transferred to any of the leagal heirs till now.
So can he proceed with the loan procedures without my signature? Also kindly let me know on the process of taking Stay on the land as family is misbehaving with the property matters.

Anik

Responded 1 year ago

View All Answers
A.Dear Client,

If the said property falls within the definition of ancestral property or your father was the absolute owner of that property is needed to be found and then you may consult a bank and discuss about the situation.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 1 year ago

A.To give opinion, it is necessary to know whether the said property falls within the definition of ancestral property and how many children your father had. It is also necessary to know whether your father was the absolute owner of that property or not.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconAgriculture Land Purchased in Gujarat from Non-Farmer Seller
Dear Sir, Please consult local advocate who is well acquainted with local laws particularly revenue laws otherwise you may be mislead.
question iconRegistered legal entity as nominee of chs flat Mumbai
Dear Sir, Registered legal entity may be nominated but it cannot sell the property after the death of such title owner and it goes to the legal heirs of title owners unless the legal entity get Gift D...
question iconSc st land purchase by obc mp dist narmdapuram
Dear Client, Section 42 of the SC, ST Act, 1989 prohibits the sale of SC land without approval. This law was enacted to protect the interests of the SC/ST tribe. However, you can acquire SC/ST land b...
question iconProperty share
Dear Sir, Under the Muslim law, there are three classes of heirs • SHARERS, they are entitled to a prescribed share of the inheritance. In case of a man’s property, his wife/wives are the sharers of...
question iconHiring of professionals as executor of a will
Dear Sir, Yes, the payment to the executor starts only after the death of testator of the Will and not earlier to it.