Siddharth (TSM) 11 February 2013
Hello All,
Plz note I have Ancestral Property Worth Rs. 30 lacs in Maharashtra got from my Father, my parents are no more I have 1 Sister who is widow.
Plz note there is Loan against that property from Govt Bank for INR 25 Lacs.(Taken by me & not my father)
Now my Sister wants her share in the ancestral property and matter is most likely to go in the court.
I am not in position to repay this loan at this moment, plz advice what would be the verdict from court in this scenario.
Plz help.
SID
Ramesh (law officer) 11 February 2013
if your sister had not joined you in the mortgage then her rights in the property are not effected by the mortgage created by you.
Siddharth (TSM) 11 February 2013
Thanks for your response, but Can you plz advice what will be the courts verdict in this case?
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 11 February 2013
Sister's share in the property would not be affected and the mortgagee's (Bank's) Right would be subervient to hers. In this case sister would suceed in the suit and Bank can recover the said amount from you by an independant action.
Bharat Chugh
Advocate Supreme Court of India
https:// www.facebook.com/advocatebharatchughonthelawsofindia
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