Bank loan against property


My mother expired 18 years ago, till date we didn't filed for legal heir certificate. My brother took loan against the property belonging to my mother, till date the property is not transferred into any.legal heir... How can the bank gives loan to my brother against the property of my late mother. Without succession ,ans legal heir certificate, and without transferring the property. And suppose my brother failed to pay the loan to bank, does the bank have right to auction the said property? On what ground, the property is still registered in my mother's name and expired 18 years ago.
 
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LEGAL

If your brother has secured  aloan on the property belonging to someone else that is the fault of that fianacial agency who advanced such loan. 

However if ur brother does not pays the bank cannot calim from right on the property as a whole being in your mother's name though they can have lien on the property to the extent your brother has share.

YOu should instantly prepare for partition fo the property and seek legal heir certificate,don't delay any more. 


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Who is in possession of the property at present
 
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Presently, the property is given on rent, and Iam taking care of the property since last 18 years. Monthly rent too I am taking .
 
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Presently, the property is given on rent, and Iam taking care of the property since last 18 years. Monthly rent too I am taking .
 
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Thanks for quick reply. We are 5 legal heirs, without our consent brother took the loan against the property.
 
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You are not the owner but only the caretaker of your late mother's property, which you may have rented to somebody. So, is your brother also the caretaker, with whom you may not be sharing the rent income.
 
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Brother doesn't have share in rental income. But I taking care of the property.
 
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Thanks for quick reply. We are 5 legal heirs including brother, without consent of 4 legal heirs, brother took the loan against the property. He made firged will of my mother, and according to will the bank has given him loan. But the will is forged, my mother didn't left any will. So all that property of my mother have to be divided into equal share. After taking the bank loan, my brother refuse to pay back the loan to bank... Bank served notice of demand otherwise legal procedure will carried out including auction of the above said property. The bank believed in forged will , and without transfer of property to my brother , without legal hier certificate, kept the original property document as collateral security and passed loan to my brother.
 
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Better, first of all lodge the police complaint against your brother, who had prepared the fake documents in procuring loan from the bank and also against the bank manager as accomplice to that crime or under section 156(3) Cr PC from the Magisterial court, if police don't lodge the FIR. Get the legal heir certificate from the Tehsildar or the civil court favoring all the 5 brothers and also the sisters, if any, married or not. Get the property partitioned.
 
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