Jennifer smile (Advisor finance) 03 March 2014

Escaped dad

Dear Sir / Madam,

Am Jenny, My dad's native is at Nagercoil, we own an plot there, my mom invested her money & borrowed some money from Banker to build our house there, plot area of 1200sqft, Property was divided to my dad by my grand parents, Dad & 7siblings this was divided to.

Years later been living there we found we lost business so mom , my bro & myself moved to chennai, Dad didnt join us.

He has now settled at mumbai with his second life partner.

As we built the house by receiving loan from banker & non payment of the intrest the bank has sealed my house.

Now here problem is My dad is not found , we have reg an formal FIR on my DAD

With this even if we are ready to pay the banker wouldnt handover the house documents to us.

In this case what can i do to own our house? what is the rights do we own on this property?

Seeking all your kind advice on this issue.

Thanking you,

Jenny

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2 Replies

Amshumala K N (Advocate) 04 March 2014

It is important as to when you filed the FIR with respect to your missing dad.

If it is more than seven years, then you can take steps legally to declare yourselves as the legal heirs of your dad. For this you need to consult a local lawyer.

However, if your mother has borrowed loan from the Bank, the Bank would have made her a borrower/co-borrower in the Loan. Hence, if you repay the loan amount, the Bank has to give your mother, (if she is also a party to the loan as a borrower/co-borrower), the property documents.

Alternately, since your father has seperated from your mother and living with another life partner, your mother can file a case for maintenance/divorce and can also claim share in the property.