[prabhuupriyaa]

Dear All, Please help-guide me in this issue. My father is no more and at the time of his death, there was a property [house] in his name. I am one of the legal heir and the other legal heir is my mother. Now, without my consent, my mother pledged the property [that pledge got registered and I saw this when I took encumbrance certificate] and now the property register details etc with the loan vendor. When I approached my mother and loan vendor, they refuse to give me the document. Now, my question is since I am one of the legal heir, how the loan vendor gave loan without my consent and how my mother pledged my dad property without my consent [since I am one of the legal heir] and how this got registered too. Don't the parties [loan taker, loan vendor and the register office] won't see the legal heir documents before doing all such things? In what way I can claim my dad property as one of the legal heir. Please advise and thanking you.

[AK lawyer]

Was your father's estate probated?

If so, are you and your mother tenants-in-common?

If so, her 1/2 undivided interest can be pledged to secure the loan. In other words, if she defaults on the loan, her interest in the property could be sold to satisfy the loan. You could end up owning the property in common with a stranger.

... In what way i can claim my dad property as one of the legal heir[?] ...

Bring an action to partition the property.

[stinawords]

Were you father and mother still married when he passed?