Nonpayment of action against parents
raj singh
(Querist) 30 October 2014
This query is : Resolved
sir
I am ayaansh from Rachi, my query is about a non payment of personal loan case which was taken from my elder brother (who is already legally disowned from my father five years back i.e.Sep2009).
My elder brother is taken Personal loan from HDFC BANK and i think he is not paying his EMI.
Now Bank has continuously Calling & Sending Notice at our address and harrasing my old Father .
My query is ,Is bank has any right to harrash my father & sending legal notice to my father or my father has any liability against my brother financial transactions although my brother was already disowned by my father.
If no , then please suggest me how to stop all this.
Sir please guide and help me ASAP.
thanks in advance
Ayaansh Raj singh
ajay sethi
(Expert) 31 October 2014
father is not liable to pay son debts . file police complaint against officers of bank .
Rajendra K Goyal
(Expert) 31 October 2014
If father in not a guarantor of the loan, Bank can not press father for repayment. Lodge complaint with local police if the give threats. Deny any liability in reply of any notice if received.
However, if father has guaranteed the loan, fact of disowning would not effect the right of Bank to recover loan from father.
Sudhir Kumar, Advocate 
(Expert) 31 October 2014
I cannot agree or disagree with experts above, unless the queriest confirms of denies father being guarantor.
V R SHROFF
(Expert) 31 October 2014
Querist did not disclose the amount; or any ancestral property in hand of borrower's father, or any jt property or mortgage of it.
Disowning son, to avoid re-payment of Loan may not help..
Sudhir Kumar, Advocate
(Expert) 31 October 2014
agreed with Mr Shroff. You have neither intimated anything regarding guarantor nor mortgage.
Guest
(Expert) 31 October 2014
Father has no liability to pay son's personal loan, unless he is a guarantor in the loan. Disowning of a son has no relevance, if the father was a guarantor in son's loan case.
raj singh
(Querist) 31 October 2014
sir my father is not a guarantor in this loan.my brother was disowning in 07sep2009 and according to the bank loan was taken 1 year back by my brother.
my father is single whole sole owner of all property and there is no registered property in the name of my brother.
thanks in advance
Sudhir Kumar, Advocate
(Expert) 01 November 2014
You are still deciding to give only partial information.
You are saying only about the ownership of property. You are still silent about the mortgage for the loan.
Since your father decided to disown him it is writ-large that he was not a good son. No wonder he may have mortgaged the property by forgary / impersonation.
The purpose for which bank advance d him the loan is also relevant.
It is also relevant as to how bank was satisfied about the repaying capacity of the applicant.
Further relevant whether the Bank is Govt bank.
You have to check with the bank and enlighten yourself of the facts. Bank persons are not visiting your house after guess.
Guest
(Expert) 01 November 2014
Dear Sudhir,
About your reply, "You are still silent about the mortgage for the loan," are you sure that any property is required to be mortgaged for taking personal loan and that too when someone else is the owner of the property?
Sudhir Kumar, Advocate
(Expert) 01 November 2014
This is not an ordinary loan
We need not be sure about the facts till queriest states them.
Guest
(Expert) 01 November 2014
Any reason for your presumption, if not an ordinary loan?
Sudhir Kumar, Advocate
(Expert) 01 November 2014
In this case the loanee has been diswoned by father and (as stated by the querist) father has come to know about the loan when the loanee after leaving his house has become defaulter.
This does not happen in every case.
T. Kalaiselvan, Advocate
(Expert) 04 November 2014
Sudhir Sir, the author has very clearly stated in his subsequent post that the sow was disowned by his father way back around 5 years ago, whereas the son availed the personal loan only a year back. So the chances for mortgaging the land by forged documents are very less, moreover mortgage of property for personal loan is not required.
The calls and harassment by bank is unnecessary and illegal, the author's father may approach the local police with a complaint if the bankers do not stop from calling the father for his son's liability.
Sudhir Kumar, Advocate
(Expert) 04 November 2014
chances of mortgage by forgary are very less so let the qeurist clarify as to whether this happened or not. Why should we presume.
After all the loan has been taken by a son worth disowning.
Without this information I cannot agree or disagree whether bank action is justified or not.
Devajyoti Barman
(Expert) 08 November 2014
IN PERSONAL LOAN ONLY THE BORROWER IS LIABLE OF CONSEQUENCES OF NON PAYMENT AND NO OTHER PERSON INCLUDING HIS PARENTS OR SIBLINGS ARE RESPONSIBLE FOR THIS.
No disowning of son is required to avoid repayment as father is no way liable for repayment.
Sudhir Kumar, Advocate
(Expert) 08 November 2014
not able to agree or disagree with Mr Barman. Querist has not replied the vital points.
