Bifurgation of Loan Amount & land
Shrinivas Padamwar
(Querist) 20 December 2017
This query is : Resolved
I had agruculture land at Umbergaon, Pandharpur. The land was purchased by my father n one of his friend jointly. My father passed away n now me, my sister n my mother are legal heirs of that property. There was a loan of Central Bank of India which taken jointly by my father n his friend. Now the loan amount gone into NPA n my fathers friend not ready to repay it.
My question is that whether should I bifurgate the loan amount as well as that agriculture land.
Kumar Doab
(Expert) 22 December 2017
The charge seems to on whole land.
The lender may not agree until whole debt is paid.
The understanding between legal heirs of the deceased borrower and surviving borrower is private matter.
You may consider if possible and acceptable to you and worthy to pay whole debt and claim the unpaid portion from surviving borrower.
Dr J C Vashista
(Expert) 25 December 2017
The loan was disbursed against security of land hence there is a charge/claim of lender bank on property which can not be bifurcated.