Family debt problem for the last 13 years please help me
Guest
(Querist) 12 June 2017
This query is : Resolved
Respected Madam / Sir,
My name is sandeep and I'm from Tamilnadu.
I have a difficult and tough situation which requires help from experts like you.
My father and mother currently separated and I have one younger brother. My younger brother is addicted alcoholic drinking. My father retired from his duty and now he is working with one part-time job with salary of Rs 3,000. We have a small land which is (1200 sq.feet) .The problem is my mother borrowed more than 10 Laksh rupees from different local peoples and the total amount is now 14 lakhs rupees including interest. My mother not listening any one and still she is borrowing money from peoples by telling lie (for my hospitalzitaiton/ brother health problem/...etc).
My mother not signed any bond or any legal document for the borrowed money till date.
I'm trying to clear the debt money by selling that 1200 sq. feet land which is currently in my mother name. This property my mother got it from his father by court order.
Now I have some legal question to answer to sort out this problem.
1. By selling this land at least I need 3 to 6 months time and I need my mother co-operation. Mean while if any one filled civil case against my mother will it affect me, my father and brother. If so what action i have to follow?
2. My father is having some land (1 acre) which he got from his father (my grandpa). If any one filled legal case / went to police case will it affect my father property?
3. Finally most important as an elder kid I'm trying my level best to convenience my mother to understand the debt problem but she is not doing. Due to this family life also get suffered.
Currently I'm working as a Software Engineer in Top MNC in Chennai.
What will be the correct option I can choose?
Requesting Madam / Sir, Please help me Your best suggestion will help to save one family.
Thanks a lot
Yours Truly,
Sandeep.
Guest
(Expert) 13 June 2017
Both of your questions on mother's land and father's land about unwarranted assumption about civil case or objection, etc., without making mention of any specific reason for that assumption, are quite irrelevant.
You may better specify the background for your assumption. However, if title is clear in the names of your mother or father, there should be no cause of your fear. In that case make your mother or father to go ahead for selling property without any hitch.
Dr J C Vashista
(Expert) 13 June 2017
Show the documents of the plot and land to a local lawyer for proper appreciation of facts and guidance.
N.K.Assumi
(Expert) 13 June 2017
Problem lies with you, not the debt, father's land, or the mother's land.Why are you so worried with selling off the land for the debt of your mother of 13 years old, which you are not clear of yourself?.
Sudhir Kumar, Advocate
(Expert) 13 June 2017
You may better walk out of this unsolvable mess and leaving such like brother and such like mother to their fate.
You want to sell land belonging to mother and father knowing well that your belongs to a creed (liquor addict) who are very conscious about their rights and have no love for any one (particularly spouse). Are you really interested to buy legal trouble. Do you know how pathetic are the considerations in Jails.
If your mother is keen on borrowing more and more (you did not speak real reason) apparently to to feed liquor to your brother (mothers always love their drunkard son more than others) and your father is getting Rs 3000 only (what you call earning) and you have only 1200 sq feet of earth (what you call land) you just do not have any means to keep paying such debts.
Guest
(Querist) 13 June 2017
P. S. DHINGRA / Dr J C Vashista/Sudhir Kumar Sirs, Thanks for your valuable suggestion and advice.
This helps me clear my doubt and thanks a lot for your help.
N.K.Assumi Sir I'm not cheating and telling lie here for selling my mother land. I don't have that much money / support to pay my mother debt. I have only one source (my mother land) for selling and to clear her debt.
Guest
(Expert) 13 June 2017
You are welcome.
Kumar Doab
(Expert) 13 June 2017
"Currently I'm working as a Software Engineer in Top MNC in Chennai.
"
You should be financially comfortable.
Save and focus on building your career.
The reckless borrowing is always a problem.
Kumar Doab
(Expert) 13 June 2017
Mahoday Sudhir Kumar ji has indeed given you
precise advise.
The 1200sq ft of earth may not necessarily be god enough to sustain the lady after paying debt.
But she has a roof on her head.
Let her stay there.
You have a good job and focus on building your career.
Sudhir Kumar, Advocate
(Expert) 14 June 2017
There is nothing in law which can stop you from spoiling your entire future for the sake of a drunkard brother and spendthrift mother.
Liability of taking care of parents (sr Citizens) does not extend to affording their luxury of taking unproductive extravagant loans (obviously from unscrilous lenders), parciularly when you know the same to be beyond their paying capacity (yet to know beyond your paying capacity)
Guest
(Querist) 14 June 2017
Kumar Doab / Sudhir Kumar Sirs,
Due to this problem I'm suffered lot and I couldn't able to focus my job and spending time with my wife and kid.
Thanks a lot for your help and guidance.
Will focus my career and will move forward.
Thanks again sirs,
Yours Truly,
Sandeep Kumar
Kumar Doab
(Expert) 14 June 2017
Wish you the best.
Send special message for Mahoday Sudhir Kumar ji for awakening your conscience.
Guest
(Querist) 16 June 2017
Thanks a lot Kumar Doab Sir. Sure i will do
