Family matters

This query is : Resolved 
 

(Querist)
20 February 2020

My mother's property was pledged by her brother and his son. They took a loan from co-operative bank 10 years ago. The loan was taken in different peoples names including my mother. Now the bank forwarded the matter to the loan recovery department. Their property is also pledged with another chit company. My mother is illiterate and she didn't know the correct situation at that time. They told her that they will repay the loan immediately and it was only a small amount. She had full faith in them. At that time we were in Bangalore. When she got notice from the bank , she had psychatric problems. She is bedridden for the past 3 years. My question is can she go the Vanitha Commission file a case against them ?


Sudhir Kumar (Expert)
21 February 2020

Given facts are not clear.

How property belonging to X could be pledged by Y without signature of X?

Is she merely having a psychiatric problem or faculties are badly affected to render her incapable to understand?

Dr J C Vashista (Expert)
21 February 2020

What are the contents of Vanitha Commission and how it is relevant in your mother's case ?

Dr J C Vashista (Expert)
21 February 2020

Whether your mother acquired subject property by succession, alienation, gift or any other mode where her (your mother's) brother and his son are co-sharer ???

Dr J C Vashista (Expert)
21 February 2020

It is advisable to consult a local prudent lawyer with relevant documents for appreciation of facts/documents, professional guidance and necessary proceeding

P. Venu (Expert)
21 February 2020

Admittedly, the loan was availed of in your mother's name. There appears to be no remedy other than putting social pressure on your uncle, the alleged real beneficiary of the loan amount. There cannot be definite suggestion whether the Commission can interfere in such matters. Any way, you can make a try.

The matter could also be taken with the Adalat functioning in the local Court under the Legal Services Authority.

Pushpalatha H (Querist)
21 February 2020

She is 80 years old and bedridden for the past 3 years. Property acquired by sale deed from her father.
. Property was given as surety for all loans including mother's loan. Uncle and his son were the real beneficiary of the loan amount.
She simply put the signature wherever they told her.
She is illiterate and and didn't know the correct facts. At that time she was normal and sound mental health.
After receiving notice from the bank she had behavioural problems and admitted in hospital several times. She is diagonised with BPAD ,CAD and other health problems. Can we file a case against them for cheating?

Raj Kumar Makkad (Expert)
21 February 2020

A patient suffering from psychiatric problem proves a double edged sword. If your mother files a criminal case of cheating and fraud against your maternal uncle and his son, it shall be very difficult for your mother to face the cross-examination in the court and even she is not havng any document to allege that the loan amount was utilized by the accused persons.

Raj Kumar Makkad (Expert)
21 February 2020

As you are not not denying that your mother had put her signature on loan documents in the bank, it is very difficult to prove that the loan amount was not handed over by the banker to the mortgagor. If her brother or her nephew had taken that loan amount from her then only suit for recovery is maintainable but that also requires evidence which you are not having as on day so either social pressure is the remedy or lastly Vanitha Center proceedings may also be tried wherein the cases of old persons are heard.

Raj Kumar Makkad (Expert)
21 February 2020

As per you, the amount of the loan is very small so better to repay the same by negotiating with the banker taking benefit of One Time Settlement so that pledged land may be got rescued from banker. Bank is not at fault.

Pushpalatha H (Querist)
22 February 2020

Thank you for your replay. The loan amount comes to 50 lakhs (approx.). We are not in a position to repay the loan amount.

T. Kalaiselvan, Advocate (Expert)
24 February 2020

You can take your mother to the Vanitha commission and submit a detailed letter expressing her innocence in this regard.
She can mention that she never knew about all such fraudulent activities, that she was told by them that they will obtain loan on this and repay whereas it was not known that they will play such a big fraud and the property itself would have been taken away.
Whether the commission will be able to pass any order or not, she may have the platform to file a police complaint subsequently for the offences of cheating, which will certainly bring the culprits to negotiation table for any relief



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