Upgrad LLM

suit for recovery against a deceased, name and whereabout no

Director

Respected Sirs,

A loan is given to a borrower Named X, a married person, in Govt Service. The borrower expires by committing suicide. When contacted to the Govt department  under RTI to know to whom the dues of late X was given and whether anyone is given service at his place, Information was denied stating under RTI, no information is given to a body corporate in spite of sending copy of decision of CIC (CENTRAL INFORMATION COMMISSION Complaint Nos.CIC/WB/C/2007/00104 & 105 both dated 30.3.2007

Right to Information Act 2005 – Section 18 Appellant - Shri J.C. Talukdar Respondent - C.E. (E), CPWD, Kolkata).

The name of widow mother (not whereabout) of late X is with us, but we have not names as well as whereabout of other legal heirs i.e wife or children if any. The home in which Late X used to live with his widow mother and wife was in the name of Late X. That house approx. about 50 lacs is still in the name of Late X at the record of Jaipur Development Authority at its web site. The house was locked and no neighbor is ready to talk about the remaining family and the said story is in office of late X, nobody wants to give any information. The limitation of 3 years is about to expire very shortly.

 

Now my queries are as under:

  1. whether the above mentioned order of CIC was overruled, if yes, please ruling?
  2. Whether a recovery suit can be filed only in the name of mother (as legal heir class I) addressing the closed house of late X ?
  3. Any way of find the name and address of wife of late X and if not found, what is the remedy if not found ?
  4. Any other remedy to recover the amount of loan, as the house is still in the name of  late X, since as per law whosoever will take the house is liable to pay his dues also?

Thanks in advance, 

 
Reply   
 
Advocate,9444674980

1,Denial by CIC, to provide information can be raised in a appropriate higher forum to get remedy,reference or citations you can browse yourself. 

2,You have not stated any thing about loan disbursal details.

3,If the case is not barred by limitation, you can file a case for recovery of money, and for the rest you can escalate the matter in the court to get remedy.

4,If you have extended loan based on his house property, you can attach the same, if there is no arrangement in this regard, then you to file a suit for recovery of money and should file a separate suit for Attachment before judgement of this property, provided if you have property or house documents with you. 

 
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