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Aravind Kumar Gunda (BOE)     24 March 2025

Cheating bank loan

Hi All,

Hope you all are doing good.

If a daughter with her husband cheated her father for a bank loan of 8-9 lakhs money over his pension, a few month later the father has been paralyzed, and the daughter and her husband abandoned the father, they are not taking care of the father now? The bank's EMI has been deducting out of Father's pension every month? unfortunately if the father dies how the bank will recover the bank loan? what legal action will be taken against the daughter and her husband for trapping and cheating the father intentionally?

The father's health condition is not well at all now, he has been completed paralyzed, it's very hard for the father to talk, he is completely on the bed, and everything is happening on the bed.

Thanks



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     24 March 2025

Whether he was cheated or not it becomes his responsibility and liability to pay the loan.

He is pensioner hence he knows what a loan is and other details.

If he dies, then his property may be attached for recovery of the outstanding loan

Aravind Kumar Gunda (BOE)     24 March 2025

Could a legal case be initiated against the daughter and her husband for intentionally trapping and cheating the father?

T. Kalaiselvan, Advocate (Advocate)     24 March 2025

The daughter nor her husband signed the loan papers, they might have induced the borrower to obtain the loan, but that will not make them liable for tepayment of the loan which is on his name.

If the borrowed amount was taken away from the father by any fraudulent manner, then the father only can initiate legal action against his daughter to recover the amount and not the financier/lender.

There is no question of trapping the father to obtain this loan because the bank which lent the amount cannot do so without verifying the credentials, repaying capacity of the borrower a well as his signature on the loan papers.  Therefore the bank cannot initiate any action against the third person daughter of the borrower for default in loan repayment.

Aravind Kumar Gunda (BOE)     24 March 2025

What the father is not in a condition to initiate legal action against his daughter to recover the amount to payment back to the bank?

Can his sons initiate the legal action against the daughter on their father's behalf?

 

kavksatyanarayana (subregistrar/supdt.(retired))     24 March 2025

Who are his other legal heirs?  If he dies the loan will be recovered from the legal heirs.  Why did not the other legal heirs for your sister and husband cheat?

Aravind Kumar Gunda (BOE)     25 March 2025

Actually, the father's first wife passed away in 1991, he has two sons but the father abandones two sons after he married again second time, for them there is a daughter.

These two sons who have been abandoned for over 34 years and never took care of his sons for over 34 years, have been living their lives like Orphans. The father, his second wife and his daughter they have been living their selfish lives for over 34 years. The father and his second wife get their daughter married grandly. A couple of years later, the second wife also passed away due to health issues.

The father was living alone and sometime used to visit his daughter's house in the same city. 

The daughter brain washed the father and made his deadly against to his sons, eventually the daughter and her husband planned well and trapped the father to borrow bank loan for over 8 lakhs and made an insurance policy if father dies she gets the insurance big money.

The moment the father was paralyzed seriously the daughter phoned one of the brother and one brother reached to see the father in the hospital, then the daughter and her husband abandoned the father and they left.

The son took the father's responsibility and one son has been serving the father.

So, the son wants to take legal action against the sister and her husband for cheating the father to borrow bank loan intentionally and abandoned the father the moment the father was paralyzed. 

Now, the father has been regretting alot for trusting his daughter and her husband, the father also the daughter to pay the borrowed bank loan, but the daughter and her husband have been suffering the father now.

What legal action needs to be taken against the daughter and her husband?

 


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