Manoj
(Querist) 18 March 2012
This query is : Resolved
'A', serving in indian military, had bought a plot of land in his native place in Gujarat, and borrows loan for construction from bank on said plot of land. ‘A’ dies(commits suicide) survived by his wife-(B) and a minor son-(C). As ‘A’ dies any of the instalments of construction loan is not repaid. B his wife remarries. "C" is staying with grand parents.
Now my queries as follows :
(1) Whether Bank can enforce the security in any way and can sale the house as construction loan has not been repaid. (2) As ‘A’ was serving in military is there any exemption that is available to “A” such that his heirs are exempted from repaying the entire loan. (3) Now another question is how the property is devolved as “A” dies and his widow remarries and there is son-“C” from their wedlock. Who will be the owner of the property
Guest
(Expert) 18 March 2012
If the agreement between the bank and the borrower binds the heirs, the loan can be recovered from heirs or by sale of mortgaged property.
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