reaky (se) 22 August 2013

Family pension

Hi All,

I need some help , actually my dad expired 2 yrs back and my mom started getting family pension, I got my sisters marriage in which my dads saving was spent and built a house taking loan and my savings, While building house mom told that she will pay the loan , but as she was a pensioner no one was giving her loan so I took the loan on my salary and by some contact I took more than the eligible amount . But now mom is saying that she will not pay me money to clear loan and as I said that keep the house on rent she is not agreeing for it and saying to me that I want my whole pension. As it is family pension I too also have right , I request you all to help me out in this situation.

Thanks

Reaky

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2 Replies

Sudhir Kumar, Advocate (Advocate) 22 August 2013

You said that

" As it is family pension I too also have right"

at the outset, please come out of this confusion. you are not in the definition of family. so you are not at all entitled to stake claim on the pension being received by mother.

Sudhir Kumar, Advocate (Advocate) 22 August 2013

Now coming to your loan aspect.

you have create a loan beyond paying capacity. If this is a Govt bank then CBI case can be registered against you and the person who abetted this loan. If it is private bank then case can be registered in thana.

if the loan is beyond paying capacity then it is better to sell the house, pay the loan and buy a house within means.