proprietor
[ Scorecard : 48]
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Posted On 05 July 2012 at 09:52
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I have given personal guarantee with respect to a cc loan given in the name of a pvt ltd company where i am a director.The company has incurred huge losses and account has become NPA.Can the bank has the right to attach the property purchased in the name of my HUF or my wife.
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Practicing Advocate
[ Scorecard : 6757]
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Posted On 05 July 2012 at 10:02
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No, only your individual share can be attached. Your wife's property cannot be attached.
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proprietor
[ Scorecard : 48]
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Posted On 05 July 2012 at 10:08
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Advocate/Legal Consultant (bharat.law06@gmail.com)
[ Scorecard : 10324]
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Posted On 05 July 2012 at 10:09
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Your share in the HUF property can be attached, but your wife's exclusive property cannot be attached as the guarantee is personal and the liability arising therefrom is also personal.But any property gifted to wife after this dispute arises may be assailed and challenged as being to done to defraud credtiors.
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proprietor
[ Scorecard : 48]
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Posted On 05 July 2012 at 10:15
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How do u calculate the share in HUF? and further can the bank sell off the property when there are other members in HUF?
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proprietor
[ Scorecard : 48]
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Posted On 05 July 2012 at 10:17
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How do u calculate the share in HUF? and further can the bank sell off the property when there are other members in HUF?
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Practicing Advocate
[ Scorecard : 6757]
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Posted On 05 July 2012 at 10:21
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The bank cannot sell of the HUF property on its own. The bank will have to obtain a decree from a competant court attaching your share in the HUF, then only the bank can proceed further.
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Practicing Advocate
[ Scorecard : 6757]
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Posted On 05 July 2012 at 10:24
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The bank can then go for partition for your undivided share by stepping in your shoes.
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proprietor
[ Scorecard : 48]
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Posted On 05 July 2012 at 10:29
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But how do they calculate my share in HUF?
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Practicing Advocate
[ Scorecard : 6757]
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Posted On 05 July 2012 at 10:31
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That share will be calculated by the court depending upon the information as to how many members are there and who are the members of the HUF.
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