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syed (sales )     25 June 2010

HELP REQUIRED!

Need Kind fovours!

Dear Friends,My father got a flat through bank loan.My mother and and brother bieng Coborrowers.

Family members were clubed in loan because fathers Repayment was not enough due to his early retirement. We are in possession in house but  father doesnot stay at home since past 2 yrs. and try to harres all of us,especially mother.

He is not trying to expell us from the house, through court procedure.

Kindly let me know if there is any way that we pay the regular instalments but can still stay in the house?



Learning

 6 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     25 June 2010

well kindly provide more details, such as the property is in whose name.

is it in joint name.

raj kumar ji (LAW STUDENT )     25 June 2010

syed ,plz clear that the who is property owner in this case ?

syed (sales )     25 June 2010

Dear Sir,

The property is soley in my father's name only. My brother  and mother are co borrower. We had paid so many instalments from our account. But father is not paying anything since last 3 yrs.

He is at such stage looking to marry another women. Moreover all of has been harrased since childhood.

Bank is also not approaching Father. Simply they come home and in fear we pay to them what ever we can.

I hope you can guide me atleast how could we anyhow stay in our house.

 

Thanks

syed (sales )     25 June 2010

Dear Sir,

The property is soley in my father's name only. My brother  and mother are co borrower. We had paid so many instalments from our account. But father is not paying anything since last 3 yrs.

He is at such stage looking to marry another women. Moreover all of has been harrased since childhood.

Bank is also not approaching Father. Simply they come home and in fear we pay to them what ever we can.

I hope you can guide me atleast how could we anyhow stay in our house.

 

Thanks

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     25 June 2010

well just take consultation of local advocate and in present case take matter on thru Domestic Violence act better known as DV act  with prior consultation of local advocates.

Y V Vishweshwar Rao (Advocate )     25 June 2010

The House loan is availed by Father , Mother & Brother and all  are joint borrowers and the  loan installments are being paid by mother and brother, the Sale  deed is  in the name of Father . Though the sale deed is in the name of the father it is  property acquired by the father , mother and brother , they have rigth to stay in the hosue , and they have joint rights in the proerty as they are the co- borrowers (and also co owners) as  the loan  installments are beign paid by them .  For any steps by father  to evice you form the house  , you can file   suit  and can claim right to stay in the house .   it is better to consult  personally  any of your local advocate for further adivse / steps  .

 


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