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Venkadesan (Software Engineer)     22 June 2010

Need a solution for my family property

Respected Sir,

       I am into a problem regarding my family property. The detail about the problem is :

My father has a 2 cents of property which was actually my grant father's. My father married to a lady and divorced leaving a son for her. I am an another son through 2nd wife. 

My father actually got a loan of 25000 from a financier when he was with good health. After some days, my father suffered by paralysis. Once he got this decease, the financier came and got a sign on an agreement asking for lease of that 2 cents of property.. But my father had passed away after one from this agreement. 

Now the problem is the first son is demanding me to pay the full loan amount of 25000 from my packet (saying my father spent that full money for my study. But actually I studied through full scholarship) and sign on the agreement for dividing the property among us.

The property is worth of 70000. One more thing is that my father has 5 sisters who are also demanding for the share of this property. 

I said to them that .. I will give the full rights to them on my share and they can repay the loan amount and get the balance divided among them...

Could you please help me how to solve this problem and get out of the same.

Thanks,
Venkadesan.P



Learning

 7 Replies

kranthi (retainer advocate)     23 June 2010

if u r not asking any share  in the property  y should worry keep silence. as per law all of u have share in the property.but u r saying that the property is u r grand fathers. if the property is u r gra. father self aquired then u and ur brother get  only towards ur father share.

kranthi (retainer advocate)     23 June 2010

if u r not asking any share  in the property  y should worry keep silence. as per law all of u have share in the property.but u r saying that the property is u r grand fathers. if the property is u r gra. father self aquired then u and ur brother get  only towards ur father share.

Venkadesan (Software Engineer)     23 June 2010

Thanks for the clarification Sir. One doubt i would like to clarify from your point. As you said.. if all (Myself, first son and my aunties) have the share on that property as its my grand father's, The loan amount 25000 has to be paid by all or only the sons (Myself and first son), Since my father is no more.

Thanks,

Venkadesan.

kranthi (retainer advocate)     25 June 2010

only the sons have to pay to the extent what share of property recievad ,whenthe loan is for family maintanence,as pious obligation

Venkadesan (Software Engineer)     25 June 2010

Hello Sir..

Thanks for the reply..

Shall i do a chat with you for more clarifications...

My gtalk id is : venkadesan.p

Devesh A. Bhatia (Advocate)     04 July 2010

Venkat. I agree with Kranthi's opinion on the matter with my few additions. 

1. When was the debt taken by your father? If the debt was after 2005 then the doctrine of pious obligation does not apply on you due to 2005 amendment in the act. You will not be liable to pay for debts of you father only due to pious obligation. 

2. If it was your grandfather's property your share in the property only comes out to be Rs. 5,833 after division to your aunts and other son of your father. Then why worry for this amount

3. Son's education has been considered to be a valid reason to put a charge on the family property. Even if you owe Rs. 25000 for your education you don't have to pay it out of your pocket. If the charge of 25,000 is paid out of land your share would be only Rs. 3,500. So take a chill pill

SO follow Kranthi's advice and stay calm. You are not in much distress.  

Venkadesan (Software Engineer)     05 July 2010

Hello Sir,

    Thanks a lot for a more clarified answer. In fact as you and Kranthi sir said, I am not worrying about the property share. But the thing which is making me worrying is that, the first son is keep on disturbing me to pay the full loan amount from my pocket and settle the house property to him. But I clearly said that I dont want the share and also I wont pay the full loan amount from my pocket.

Also for your question, The loan amount was taken at 2002. At that time, my father was with good health condition.

As I am clear now from both of your point, I will not consider his torchure as a matter.

Thanks a lot again.

Venky.


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