Property issue

Querist : Anonymous (Querist) 02 June 2018 This query is : Resolved
My step mom took loan against my brother's property on my dad's name. My brother is minor and my dad is only guardian of his property. We have one document from court where it is written that guardian can't do anything against that property till my brother turn 18. As my dad is suffering from cancer my step mom took advantage and took loan against that property. Is it possible to file case against my step mom

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Guest (Expert) 02 June 2018
Ignorance of Law can not be an excuse. Take steps to clear the loan and safe guard that property.. You could discuss with local advocate showing all the documents and seek the possibilities of lending loan on such restricted property with out proper legal opinion it self would be an offence and taking advantage by your step mother is also an offence and if your father had co operated for this he also would be an offender. Discuss with local advocate in detail.

Vijay Raj Mahajan (Expert) 02 June 2018
If your dad gave authority to your step mom to act on his behalf, the money lender completely satisfied about the authenticity of the documents relating to property, guardianship and power of attorney given by your dad, any challenge by you in court of this transaction will be absolutely useless, waste of time and money.

kavksatyanarayana (Expert) 02 June 2018
Did your father get the court permission to mortgage the minor's property? Did your father give POA to your mother(step mom) to mortgage the minor's property with court permission?

Ms.Usha Kapoor (Expert) 03 June 2018
I Agree with Experts.

Guest (Expert) 03 June 2018
The Author had Stated" We have one document from Court where it is written that guardian can not do any thing against that property till my brother turn 18". On this ground whether it can not be challenged whether it will be absolutely useless, waste of time and money please. Concerned Expert could justify his statement Legally Please.

K Rajasekharan (Expert) 03 June 2018
As per what the query states, no one else has any authority to incur any charge on the property before the brother turns 18.

If anyone has done something of that sort he is liable for the lapses and can be proceeded against.

Kumar Doab (Expert) 03 June 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.

Kumar Doab (Expert) 03 June 2018
The lender won’t leave his/her charge on lent money.
The sick father may try to get money from PM/CM cancer relief for treatment and the family may arrange funds and pay the debt.
You are at liberty to approach your own LOCAL senior counsel of unshakable repute and integrity specializing in civil matters and well versed with latest citations, LOCAL applicable rules/laws and having successful track record…. and worth his/her salt… and discuss in person.
If lender has already initiated some action and IT has mentioned criminal act then approach a counsel specializing in criminal matters..as already suggested above.

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