Guarantee
atul mehta
(Querist) 22 October 2012
This query is : Resolved
Dear sir.
My late father had Stood as a Guarantor to a friend for a loan taken by the freind from a bank for which my father had to mortagage his house.My father passed away and his freind defaulted in payments to the bank. after death of my father we received notice under sarfareasi act, we approached DRT but nothing has come in our favour also I have incuured heavy expeneses and advocate fees in the matter.Now we approched a very senior advocate who is asking a heavy fees but says he can get our house out of bank trouble as before standing as guarantor and before mortage to the bank about a year back my father had made a registered will deed for the house in favour of my wife. The bank advocate who gave title clear certificate did not approach the registerer office or missed mentioning about the will to the bank.This senior lawyer is saying after death of my father the owner of the becomes my wife hence on that ground we can get stay order from DRT. please inform is this possible as I have already paid many advocates and all promised but failed.
thanks
Devajyoti Barman
(Expert) 22 October 2012
The contention of the advocate is not of much value. The devolution of tile through Will passes through usual encumbrances.
Mind it the title did not pass to your mother when the your father stood as guarantor as he was alive then and the Will came into effect only after his death.
negotiate with Ban for amicable settlement. That would be more beneficial for you.
atul mehta
(Querist) 22 October 2012
my mother has demised about 10 years back that is why the will was made in my wife name (daughter in law)of my father hence after his death notice was served on his name by the bank even though the bank knew about the death but as per encumbrances the house gets on my wife name so any chances for stay from DRT
adv. rajeev ( rajoo )
(Expert) 22 October 2012
Whether it is self acquired property or an anestral propty of your father?
Devajyoti Barman
(Expert) 22 October 2012
No I do not think so. Your wife( I correct from mother)gets the property after the charge was created by her father in law. So whatever she gets is with Charge to the Bank. I find no merit in the contention of what your advocate says.
