After death of father
shilpa
(Querist) 01 July 2015
This query is : Resolved
after death of my father the holder of agreement is claiming that we have to give up the farm house. farm house is also having bank loan . he wants us to pay bank loan and to give farm to his custody. and more over that farm is in my dad name but it is family money we have taken farm house.my dad salary was officiant for maintaining house. the savings of all our family memebrs we toke that farm. but now that peole is asking to give enter farm house to him pay paying all loans. and some people claiming that my father has taken money from tham by giving post dated cheque . we dont know them at all . they are asking us to pay that amount with in 15days or else criminal case will be put on us. wat will be consequences futher
Kumar Doab
(Expert) 01 July 2015
Apparently your father entered into agreement to sell.
Do not succumb to any pressure.
You may show such agreement and any post dated cheque that is being claimed to have been given, and loan agreement to an able/senior lawyer dealing in such/property/family/civil matters and proceed further after understanding the merits and remedies.
If you do not have any document your lawyer can guide you further.
You can obtain the loan agreement/loan application/loan approval/loan account statement from BM/Bank. Try to pay the loan and protect the property that you need to survive.
Rajendra K Goyal
(Expert) 02 July 2015
Do not bow before any pressure.
Consult local lawyer and show him all the documents.
shilpa
(Querist) 02 July 2015
need to know whether we need to give that property to him or not. and it is family asset but in my dad name
Biswanath Roy
(Expert) 02 July 2015
From your given details of the fact WHAT i UNDERSTOOD is that the alleged claimant needs a good kick by serving a legal notice and side by side and simultaneously you shall have to file a declaratory suit in the civil court to prevent the alleged claim over the FIRM HOUSE also file an injunction petition alongwith under Or. 39 , Rule 1 & 2 for permanent and temporary injunction over the property. Meantime start paying EMI to Bank for safe guard of the title of the FIRM HOUSE.
Kumar Doab
(Expert) 02 July 2015
You are one of the CLassI legal heir(s) of your father and owner of equal share.
You don't have to offer the property on a platter to anyone.
Approach your trusted elders in the family, competent and experienced well wishers and alongwith them a senior, well reputed, expert lawyer, understand the merits and remedies based on your docs on record and inputs and proceed further under expert guidance of your lawyer.
shilpa
(Querist) 02 July 2015
thanks for your replies......
Kumar Doab
(Expert) 02 July 2015
You are welcome.
LCI Expert Mr.Roy has shown you the legal way.
You can benefit from the experience and expertise of such expert lawyers and thorough gentlemen.
Dr J C Vashista
(Expert) 02 July 2015
I agree with experts advise despite the fact the information is not clear and vague.
What is the agreement?
Show it to a local lawyer for further advise, guidance and opinion, I cannot predict and form an opinion and/or render any such advise without knowing contents of the agreement.
