wilson (service) 28 June 2009
A V Vishal (Advocate) 28 June 2009
Going by the details, in my opinion the wife repaid the 1/3 loan as she stood surety, however, she has no right to stop the delivery of the property papers to be released to her husband even if a case is in progress under DV Act. She has to file a separate suit for recovery of the money against her husband. The bank is also under legal obligation to release the papers forthwith else a case can be filed against the banker.
Kiran Kumar (Lawyer) 28 June 2009
Vishal has given a correct advice......suit of recovery is to be filed in such matters.
bank can not withhold the papers, moreover wife's role was merely that of gurantor.
bank to observe the relationship of lonee and gurantor and not that of husband and wife.
Pankaj Kr. Dua (Attorney at Law) 28 June 2009
Vishal and Kiram Kumar Have given the best advice and my opinion stands with vishal and kiran.