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Das (Manager)     19 April 2014

Property issue

Sir/Madam,

 

I would like to pen down few things about my family, in my last request, i got suggestion from various lawyers for the property dispute, today with the same issue, 

Why my brother is asking property to mother is to clear his loans.. ( but I am not sure this is correct or wrong) I agree my brother is not highly educated, but he know what is good and what is bad..from   the thirdyparty i heard that he gave some surety signature to his friend for loan, and his friend is absconded from the premises, for which police officer and money lenders are catching my brother neck for re-payment.

If he really gave surety and dint pay that amount what type of punishment can my brother get.. and what is the remedy to come out from this situation.

For the above surety reason, my brother is bother my mother to gave the house to builder to development, though my mother is sole owner of that house,  the house alloted to my father who is a govt servant, he paid to installments and expired in 1976,, and in 1991 my mother paid remaining balance installment and get registered that house in her name.. in 1996 my brother took loan from a Nationalized bank for his by endorsing the land documents of our property which is located, and he dint pay one rupee to bank for loan repayment, finally it got into court for auction, then my brother got his friends into picture and paid some amount to bank to stop auction and repaid balance amount to bank for loan repayment, sold the land for loss and settled the things at home..

So , in such case what type of actions we can take for his miss use of property and what type punishment he will get if he dint pay sureity amount to financiers.

 

Regards

DAS..

 

 



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 April 2014

If he do not repay, the financiers file a money recovery suit in appropriate courts.

bhagwat patil (Property due diligence 9422773303)     20 April 2014

The lender cannot take action against the property owned by your mother, as the women are the absolute owner of the properties owned by them whatever the source may be. If your que. is about his punishment let him suffer. its not possible to cover anybody who is not willing to cover.

T. Kalaiselvan, Advocate (Advocate)     20 April 2014

If your brother has not given any property as colateral security to stand guarantee for his friend's loan, there is no money to recover from him on behalf of his friend's loan, hence even if the lender is filing any case against him it will be for recovery of money only, until hehas not  given any cheque which was dishonored, only civil case can be filed, let the case run and the court decide abut this under the given situation.  Ask your mother not to part with the property towards settlement of your brother's friend's loan amount, it is wrong and not maintainable.

K.K.Ganguly (Advocate)     20 April 2014

1. If your brother does not have any property or money, then how has he been treated as a surety?

 

2. However, police can not catch his neck  fornon payment of  the loan amount because it has to be decided by the Court. Not by the police,

 

3. If the property was in the name of your father who demised intestate (without any Will), then how has the property been registered in your mother's name? You can claim your share of your father's said property by filing a partition suit.


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