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Prasham (Proprietor)     01 November 2015

Creating burden in unsecured property

With reference to the above I hereby inform you that I am a guarantor in a hypothecation loan of my nephew. The loan was given by a Gujarat's Co-operative Bank. I did not give any of my properties as security. 
 
After few years my nephew defaulted and due to negligence of the bank he managed to sell off his stock as well as machinery. He too had not given any property as security. As of today he doesn't have any property on his name and hence the bank is pressurising me to repay the same.
 
The case is going on in court of Board of Nominees but the bank is trying to create burden in two of my properties. One is in my name while another is in name of my HUF. Can the bank create burden in my property without court's order ?
 
Please help.


Learning

 2 Replies

siddhartha sinha   03 November 2015

Unless the bank has a charge on the property it cannot attach it without court orders. Consult a local lawyer. However, you are still liable to repay the loan.

Adv. Yogen Kakade (+ 91 9225510883)     03 November 2015

First of all you should know, why the banks or any financial institute take a Gurantor for any Loan. That is just to have a gurantee of the repayment if the borrower is unable to repay the loan amount.

Here in your case the bank has every right to attach your property. But even for the Bank it is not very easy to do so. Even they have to complete so many formalities and complete a long process to attach the property which is not secured and which doesnt belong to the borrower.

Consult a lawyer for the same and get to know the status of this case with the bank. The entire HUF property cannot be attached by the Bank. Your share in the same propety can get affected by the same.

Adv. Yogen Kakade

juryconincorporation@gmail.com

www.juryconn.in


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