Ankit Kumar 03 May 2016

Deceased disputed unregistered property

Dear Sir/Madam,

I have a query. I am not able to understand how should i proceed. Kindly suggest.

Me & My Elder brother planned to buy a flat in 2010. we finalized the property and gave Advance. Next step was to go to bank for a loan. when we went to bank, came to know that Bank do not provide loans to two Brothers or 2 people in Blood relation. we had planned every thing together as a joint.

Looking at this situation, we did not had option to turn back, as builder was with open mouth to cut hefty charges from advance on cancellation. On the other hand each of us did not had sufficient salary/income to take 80% of required loan amount.As we did not had option to turn back,we had to apply with single name i.e on elder brother name & could receive only 65% of total required loan amount. Remaining 35% of total required money (Almost equally) was paid by both the brothers with their respective cheque to builder.

Now in the mean while elder brother was married & got a kid but Before he could go for registration, he passed away in a train accident.

Now the Deceased wife is claiming for entire property. He did not had even sufficient money to take the Insurance along with loan. A gifted insurance was provided by bank to all account holder which was withdrawn by bank without any information.

How we should proceed in this.

*) Can i claim the property from bank?

*) Am i eligible to get my money back or portion of property for which i paid from my own cheque?

*) Is father (senior citizen) & mother or both will be able to get any share in this?

*) Bank keeps changing its face from time to time. Bank & widow is not ready to entertain me stating this is your internal problem. Do i have provision to claim my money back from widow, builder or bank?

*) How we should move in this, Consumer forum or Civil or both.

Any help in this direction would be highly appreciated.

Thanks

Reply Follow

6 Replies

Kumar Doab (FIN) 03 May 2016

You have erred from beginning.

If this bank had an unpublished rules (rather tantrum) to not to lend to joint applicants in blood relation you should have let bank decline in writing and approach another lender.

It is believed that you are Hindu. You may claim the amount paid from estate and legal heirs i.e. Mother, spouse, children of deceased.

The legal heirs can claim insurance from Bank.

Engage an able counsel.

Ankit Kumar 03 May 2016

Dear Sir,

Thanks for your quicker response..

you are correct, when we went to take loan, we were illitrate from all the banking norms & terms. later same bank started giving loan to 2 brothers. I can get the change in rules & free insurance to account holder by filling RTI as it is govt bank.

But how to move for getting money from legal heirs?? They are not ready to give either share in property or money with interest. Kindly guide,how i should move next.

Thanks & Regards..

Kumar Doab (FIN) 03 May 2016

You may go thru another thread at:

https://www.lawyersclubindia.com/forum/Agriculture-land-136606.asp#.Vyi0D9J97IU

Kumar Doab (FIN) 03 May 2016

Engage some neutral elders that can resolve the matter amicably.

Kumar Doab (FIN) 03 May 2016

Engage an able counsel.

If you have the skills and resources try by impressing upon builder to record share as per % of the payment made.

Anand Bali Adv. (Advocate Solicitor & Consultant) 03 May 2016

Mr Kumar Doab has rightly suggested you for claiming the money from the legal heirs of the deceased if you do have the proof that you have paid share in the property. In fact the money which you have paid is a loan to the brother and only that you can reclaim from his legal heirs who has succeeded deceased property as the liability also go along with the rights. They can not deny to repay you if your payment is established in the court.