Apni Law Staff asked 2 years ago
My father, who owned his home, transferred it to my mother, a homemaker, before he passed away. My brother took a loan of 20 lakhs, with my mother as a co-applicant, to build a house on the property. My brother and I both share the EMI payments equally. The property is registered in my mother’s name, and the loan is also in her and my brother’s names. Now, my mother wants to transfer the house to her grandson (my brother’s son) through a will, leaving me out. Is it legally possible for her to do this even though the property is under a loan?
Best Answer
Apni Law Staff answered 2 years ago
Yes, your mother can legally transfer the house to your nephew through a will. While the property is under a loan, she is the registered owner and has the right to dispose of it as she pleases. However, your brother would still be responsible for the loan repayment even after the transfer.
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