Can i file a case of 420
Santosh Singh
(Querist) 03 October 2015
This query is : Resolved
Dear sir,
My name is santosh singh my case story is given below:
I have taken a home loan from nationalized bank of Rs.500000/- five lakh on 2012, with a co-borrower my mother, because the home property was in the name of my mother, and i am the main applicant at bank because i am a salaried person, loan had been granted by bank on my salary basis, bank had fixed a home loan emi of Rs. 7000/- monthly, for a period of 10 years, i have paid Rs. 7000/- emi every month to bank from last 3 years. recently i have got an information my mother had made a Vasiyat of loan property in the name of my married sister with 100% ownership. My mother & sister cheated with me, 7 years remaining to complete home loan, i have paid 3 years emi regularly, after completion of home loan that property 100% transferred in the name of my sister according to my mother vasiyat, then in that condition if i was not repaid the loan emi, then in that condition i will be defaulter from bank & if i will paid continuing emi, of loan at the time of completion of loan that property will go to my sister, Sir can i file a case against my mother or sister for returning home loan amount that was borrowed & paid by bank to me, kindly suggest.
Regard's
Santosh singh
Sudhir Kumar, Advocate
(Expert) 03 October 2015
HIDING FACTS
in whose name the property is?
whether property mortgaged/hypothetical?
Rajendra K Goyal
(Expert) 04 October 2015
The property is in the name of mother and she is owner of property, presently or in future.
If you do not pay EMI, you would be spoiling your credit history.
In court case Bank may get a lien on part of your salary as you are co-borrower. You will have to pay afterwards.
Will (Vasiat) can be cancelled / changed any time.
Avoid legal suit, it may not bring required results.
Involve relatives, family friends, society effectives and convince your mother to gift the property to you or enter in settlement deed. You may offer to leave other movable / immovable property in lieu of it.
Santosh Singh
(Querist) 08 October 2015
Sir, Presently mother & sister decided to sell the property & they did not want to return my paid emi's amount suggest what can i do.
T. Kalaiselvan, Advocate
(Expert) 10 October 2015
For mortgage loans, the title deeds are to be deposited with the bank under a memorandum of title deed so the original title deeds shall be in possession of the bank which can be returned only after fully discharge of loan. If your mother is planning to sell the property by obtaining certified copies, she and the buyer will suffer the problems due to unnecessary litigation. You wait for them to do it and afterwards take necessary legal action on it.
Rajendra K Goyal
(Expert) 29 March 2017
Repeated at:
http://www.lawyersclubindia.com/experts/What-are-my-rights-569536.asp
http://www.lawyersclubindia.com/experts/Mother-sister-want-to-sell-the-whole-property--636436.asp
