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Sudhir   08 July 2021

Land dispute with unpaid loan

My uncle took a loan on common land which is my father and uncle paternal land and assured my grand father that he will repay it very soon. After the death of my grandfather,till date uncle has not paid a single penny to the bank. Loan amount has now almost doubled due to interest adding to it. My father tried convincing him to pay but he is not listening. As per the grandfather's will land is distributed among all his sons. We approached the loan bank manager but manager is not ready to take any action as my uncle is politically strong and no one wants to go against him. Kindly advise what we can legally do in this matter.



Learning

 1 Replies

Kevin Moses Paul   17 July 2021

As per your query, let me tell you that if your brother's political influence is something due to which the banks aren't taking appropriate actions against him, then court is the only method available.

In order to stop making unnecessary payments to the bank (i.e. for the part that won't be a part of your share), you need to legally get your share identified. For this, you must approach a good lawyer and file a suit of partition in a civil court that has competent jurisdiction over the matter.

This is crucial because once the inherited property is partitioned, the share received by each coparcener becomes his or her self-acquired property. Henceforth, your own share of the property that you acquired through your father's inherited property will be labelled as your own "Self-Acquired Property", and thus technically you'll be liable to bare any liability for your own part only and not for the entire property.

This will help you, as you'll be no longer requiring to pay bank an excess money for unnecessary means, and since it's legal the bank won't be in any sort of position to question you're decision.

For further input on the same you may go through the following case law -
P.N. Venkatasubramania Iyer V/s P.N. Easwara Iyer And Ors.

Hope It Helps

Regards
Kevin M. Paul

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