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Viney Puri (officer )     24 February 2016

Is husband liable for debt of wife

Muslim lady took loan in 2004 & get married in 2006 but defaulted in repaying the loan. Lender deducted the money from the joint account of the husband & wife. Husband issued notice that lender can not deduct the amount. lender replied that being borrower she was entitled to repay & lender was entitled to get money from joint account. is lender right


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 2 Replies

seno singh (freelancer)     24 February 2016

Hello Viney,

Following is my personal opinion based out of logical facts from your statement,

 

Originally posted by : Viney Puri

Muslim lady took loan in 2004 & get married in 2006 but defaulted in repaying the loan.


1. From the above statement it is clear that the loan was taken as a soul borrower and it was not a joint loan

 

2. Hence, the ECS or Bank of Records submitted to the lender would be an account which was primarily held by the borrower and not the spouse whom she married later on

 

3. Which means that, the spouse was added to the account as a secondary operator (either or/for)

 

4. Which means that, the spouse when depositing money on the account is with the inherent understanding that the money and her obligations on the account is his too

 

This means that yes, the lender can deduct money from the account even if it was deposited by the borrowers husband/spouse

Born Fighter (xxx)     26 February 2016

Lender will be interested in recovering his money ......he is not concerned with technicalities and he cannot be blamed


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