lnmr babji 21 March 2024
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.
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
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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