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BBA LLB   18 July 2021

Inherited property

What to do in inherited property of father is divided among both the son's, but one son is not paying any loan amount that's pending on the same property???



Learning

 3 Replies

Dr J C Vashista (Advocate)     18 July 2021

You have been posting academic query every day.

This platform is meant to oblige needy litigants and not for providing coaching service.

Let your professor / guide / tutor may advise .

G.L.N. Prasad (Retired employee.)     18 July 2021

It is left to the option of the lender to proceed further.  Normally the settlement is to come into effect after such undertaking to pay the proportionate debt if any to be settled by the legal heirs.

Kevin Moses Paul   22 July 2021

As per your query, let me tell you that if your brother's political influence is something due to which the banks aren't taking appropriate actions against him, then court is the only method available. In order to stop making unnecessary payments to the bank (i.e. for the part that won't be a part of your share), you need to legally get your share identified.
For this, you must approach a good lawyer and file a suit of partition in a civil court that has competent jurisdiction over the matter.

This is crucial because once the inherited property is partitioned, the share received by each coparcener becomes his or her self-acquired property. Henceforth, your own share of the property that you acquired through your father's inherited property will be labelled as your own "Self-Acquired Property", and thus technically you'll be liable to bare any liability for your own part only and not for the entire property.

This will help you, as you'll be no longer requiring to pay bank an excess money for unnecessary means, and since it's legal the bank won't be in any sort of position to question you're decision.

For further input on the same you may go through the following case law - P.N. Venkatasubramania Iyer V/s P.N. Easwara Iyer And Ors.

Hope It Helps

Regards
Kevin M. Paul

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