Loan given by wife but, mortgage deed executed on husband

Sunlawseeker (Querist) 12 April 2019 This query is : Resolved
Dear Advocates,

Wife gave a loan to her relative. The borrower had executed a Mortgage deed in favour of husband of lender/wife.

can husband sue the borrower before court of law?

could anyone provide any judgement in this regard please.

Thanking you.

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Dr J C Vashista (Expert) 13 April 2019
The borrower could have denied the relation of husband of lender as he has no previty of contract.
Recheck the facts of dispute.

Sudhir Kumar, Advocate (Expert) 13 April 2019
Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.

Such loan is taken by a person:-

(i) Who lacks business sense and cannot raise funds out of his own business and suddenly wants to be rich.

(ii) who cannot raise bank loan because :-

Either
he himself is not creditworthy

Or
the purpose for which he seeks loan is illegal

or
the purpose for which he seeks loan is not at all commercially viable.

(iii) Who knows he can afford not to refund.
(iv) Who trusts his thick skin
(v) Who intends not to refund
(vi) Who has made fortification against action of refund.

So he has to find someone who can part with his money. SO he finds a lender near him (friend or relative)

Such loans are given by the persons :-

(i) Who has surplus money.
(ii) Who displays and boasts of such surplus money.
(iii) Who stupidly believe that there will be a refund.
(iv) Fails to realise as to why he alone (not bank) is being contacted for loan.
(v) Who has extreme trust on the debtor
(vi) who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.

Such loans are always given

(i) Without documentation.
(ii) Without witness
(iii) Without guarantor.
(iv) During cordial relations

Soon after giving such loan :-

(a) Relations are no more remain cordial
(b) Business started by such money (easy money belonging to other) invariably fails.
(c) Such loans always sink and not refunded.
(d) Person seeking such refund suffers at legal process.
(e) Person seeking such refund legally or by persuasion is socially criticized.

Message likes : 1 times

Guest (Expert) 13 April 2019
Legally in this matter Husband is the lender and lender could initiate legal action to get his money back.

Guest (Expert) 13 April 2019
Whether it is his Wife's money or any body's money which he had lent will not be an issue. Legally he the husband is the lender.

P. Venu (Expert) 13 April 2019
The query is silent on the context in which the judgment (but not any suggestion) is sought. Please post the real issue, if any and the facts that are material.

Sri Vijayan.A (Expert) 13 April 2019
I endorse the views of NJS Rajkumar

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