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lnmr babji   21 March 2024

Right of borrowers on house and land

My brother has borrowed some amount at different times through promissory notes. Now he passed away. House is in the name of my brother and land is in the name of his wife. Land was bought after the marriage.  I know that lenders can have rights on my brother's estate(house in this case). whether lenders can file a suite to collect the debts through land which is in the name of my brother's wife. 



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 8 Replies

T. Kalaiselvan, Advocate (Advocate)     21 March 2024

The lender can file a money recovery suit and once he gets a judgment in his favor then he can file an execution petition to execute the judgment, in that he can seek attachment of the property lying on the name of the borrower

Dr. J C Vashista (Advocate )     22 March 2024

All LRs of your brother shall inherit his assets and liabilities and will be impleaded as a party for recovery of loan . 

Advocate Bhartesh goyal (advocate)     22 March 2024

Deceased borrower's Lr's can be sued for recovery of money and decreetal amount can be recovered from deceased s estate.

lnmr babji   22 March 2024

House is in the name of my brother. But land is in the name of my brother's wife. So, lenders can recover money only from my brother's estate i.e house and not land?

T. Kalaiselvan, Advocate (Advocate)     22 March 2024

It depends on how the defendants defend their interest and challenge the case in court.

lnmr babji   22 March 2024

Thank you all for your valuable insights.

Real Soul.... (LEGAL)     22 March 2024

The legal heirs of your brother are otherwsie laible to pay the debt. 

Shashi Dhara   22 March 2024

You can proceed on house which was in your brother's name but you cannot claim against his wifes asset.


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