Addition of a dependant to a civil case as the 1st def died
Akhil Ashokan
(Querist) 22 July 2015
This query is : Resolved
My father( govt servant )took a loan from a bank with one of his co-worker as guarantor. As he lagged in repayment, the bank filed a case against him and his guarantor.. Thereby the case is intiated, after a few months he passed away and as his dependents and legal heirs we got a notice that they are adding our name also in the case. As I am a student, my mother is house wife, my sister is married, also presently no family income and neither my father nor none of his dependents whose names are newly added to the case has got any property in their own names... also none of the dependents has inherited any property from my father, the borrower. But my father was an Ex-army and at the time of death he was a state govt employee...hence my mother got eligibilities for getting his army pension, state pension, Death cum Retirement Gratuity ( DCRG )amounts , G P F amounts and certains state life insurances amounts So my question is whether the bank has got any option to recover their money from any of these benefits Case 1. If he has submitted his salary certificate while acquiring the loan and if the bank can recover , then from which all benefits they can do it.??? Case 2. If he has not submitted his salary certificate, and still the banks wants to recover amount, have they got the authority to recover money from any of the above mentioned benefits ??? Case 3 : As I am unaware of what surity my father has submitted whether salary certificate or any other employment related documents ... which of such employment related documents can authorise the bank to recover amount from above mentioned benefits??? Case 4. Which of the above mentioned benefits are not allowed to recover at any circumstances and conditions. And for those benefits which can be recovered what is maximum percentage or limit that can be used for recovery of loan??
Isaac Gabriel
(Expert) 22 July 2015
You have stated that the loan was obtained by your father. Instead of leaving the banker resort to legal action,contact him and find the way out.
P. Venu
(Expert) 22 July 2015
May be you or the family members are not legally liable, but you owe a moral responsibility to ensure that the innocent person who stood as guarantor is burdened with a liability because of your late father.
