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Rights of Guarantor against all kind of debtors

(Querist) 28 October 2017 This query is : Resolved 
One of my 3 maternal uncles(Mama) had heavily pursued my very much unwilling father assuring highly to sign for a loan document (I really couldn't find out if he(my father)was made one of debtors or a guarantor). My father works at a state electricity department and the loan was taken from the same bank where Salary comes. It is a case of year 2007. The loan was of 5 lacs. The security was the house of maternal uncles whose Bantwara has already happened mong them.

After some months it was clear that they were not able to pay timely & as a result of that bank used to cut from my father's salary from time to time. This became routine in months that followed. My father always kept them informed of all this and often made requests to pay the dues in time. But to no avail. The situation only aggravated when bank once cut the 15000rs at one go(that was almost our monthly spending). Bank released letter of Auction to obtain money from my maternal uncles. They came to my father, and convinced that they are facing severe money crunch & not able to pay. Bank suggested to take another loan & pay some amount to compensate for the high rate of intetest. My father paid 1.5 lac at one go while at the end paid 2 lac 25 thousand with interest to the later loan acc.

At those times 8000 per month was deducted from the salary towards loan(5000 for former loan+3000 for later one). You can easily imagine how painful that would be undergo in that situation & how the monthly expenditure would be managed

At the end my father ended up by paying approx 4.5 lakh most of which is recorded as that deducted from salary.
Amit Kumar Soni (Querist) 28 October 2017
One of my 3 maternal uncles(Mama) had heavily pursued my very much unwilling father assuring highly to sign for a loan document (I really couldn't find out if he(my father)was made one of debtors or a guarantor). My father works at a state electricity department and the loan was taken from the same bank where Salary comes. It is a case of year 2007. The loan was of 5 lacs. The security was the house of maternal uncles whose Bantwara has already happened mong them. After some months it was clear that they were not able to pay timely & as a result of that bank used to cut from my father's salary from time to time. This became routine in months that followed. My father always kept them informed of all this and often made requests to pay the dues in time. But to no avail. The situation only aggravated when bank once cut the 15000rs at one go(that was almost our monthly spending). Bank released letter of Auction to obtain money from my maternal uncles. They came to my father, and convinced that they are facing severe money crunch & not able to pay. Bank suggested to take another loan & pay some amount to compensate for the high rate of intetest. My father paid 1.5 lac at one go while at the end paid 2 lac 25 thousand with interest to the later loan acc. At those times 8000 per month was deducted from the salary towards loan(5000 for former loan+3000 for later one). You can easily imagine how painful that would be undergo in that situation & how the monthly expenditure would be managed At the end my father ended up by paying approx 4.5 lakh most of which is recorded as that deducted from salary.


One can understand how greedy or selfish my Mama(s) are. Now its 2017, they are in a position that they can start paying our money which they must. But they are not giving us our money back by putting many excuses while enjoying their life and here we are getting stressed everyday ever since we are into this loan case with them.

Probably their security ie, their house documents is still in the bank. What is the way out. Is there any?

I know there r 3 to 4 ways of which getting into the shoe of creditor could be claimed. Father paid approx 4.5 laks of probably 10-11 lakhs. How the money earned with hard work could be obtained back.

Also how to proceed. Kindly answer in easy steps...
which kind of lawer
How to approach the case
Case should be filed against the creditor for making the registry in my father's name

Or case should be filed against principal debtor(Mama)


Or any criminal case (also) must be filed
Plz simplify the doubts and suggest aptly

Thanks
Sudhir Kumar, Advocate (Expert) 03 November 2017
You are not sure whether your father was a borrower or a guarantor.

expect no meaningful advise without this basic fact.


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