“To Get an Home Loan by Purchasing house from my Grand Ma, & Repay all the debts of my mother & father”
Now the issue takes a "Y" turn. We didn’t react on this issue, even they locked & forced to vacate from our house. We simply gave a police complaint & One of constable came to our house gave the keys to us, & told among us, if any problem arises/remains among your family members, meet in police station, & don’t make any argument/force to get out from our living house . After that, The Trio (My grand ma, Pedda, Baby) took this issue to our Ward/ Street President Committee.
In the presence of All family members including chinna’s family & except my uncle (Chinna), The Ward/ Street President Committee members firstly asked us to get back the house documents for home sale for total 104 sq.yd Home Sale @ 80 lakhs (govt. rate 20,000/- per sq.yd.), & our site is of length 72 ft, & breadth 15 ft.
We replied them with an idea of “Which is told by one bank Mediator, that is to getting home loan of 20 lakhs from bank to Purchase the house from my grand ma, As it’s in developed area, & repay the 7 lakhs to lender, & 12 lakhs of my father’s chits/ schemes to local people; Because of Getting a mortgage loan for a gifted house gives lesser amount to repay the debts, which may cause scene will repeat. If we resolve all our debts, It will create sympathy, good name from relatives, & public, more over a permanent house to live with family as it’s our marriage age”. & lender will get the house documents to the register office there itself directly, & we will repay them my mother’s debts at the spot by getting home loan amount.
Ward/ Street President Committee asked the same to Grand ma, my father (pedda), Baby. & give 3 Options to solve this issue.
1. Home sale & divide shares of 40%, 40%, 20% to Pedda, Chinna, & Grand ma respectively.
2. Registration of houses separately between both pedda, & chinna according to temporary will.
3. Register for Undivided share between both sons (chinna, pedda). No Partition of house will be there, stay as like before for years. No problem in Getting home loan, or home sale for their individual 50% share. In future, if there is any plan to construct, just left ground floor, make staircase in between two houses one in front, & another in back side. Ground floor, Terrace, Staircase, septic tank all to be shared equally.
Committee suggests Chinna’s wife that, she has two daughters of age 10, 12 years old. There is no need for them to sale their part. & gave two days time to chinna’s family to give their opinion in this matter.
Me, My Mom, & brother discussed among us & preferred 3rd option, because we need money to clear debts, & home both. 1st option is non favour for us, because In this we’ll sell house for 80 lakhs, & after dividing 32,32,16 & clearing debts we’ll left with 13 lakhs only. & no more security to get even that 13 lakhs from my father, because earlier my father got 3 lakh from my grand ma on her retirement. But we didn’t get any penny. Even we have to search for house & to take home loan of min. 7-12 lakhs to purchase a new house. It seems like a bad idea. 2nd option is useless for us, there is no use for us either to take home loan because of no value to first floor for an individual house, or to repay debt & chinna always yelling that they didn’t have any money to construct, also 30x15 ft space left on ground floor with no use.
Finally, decided to take home loan; as my brother working in a MNC company & earning a sum of 30k per month. We are paying an interest of 21000/- to the lender of 7 lakhs, Now the same/>= amount to be paid for monthly installment to banks for an average 25-30 years. Which saves money & home.
My grand ma, & my father (pedda) accepted this, but baby not accepted, & arguing for home sale. Even she has no part in this, but she & her son(29 yrs) is interfering & cursing us regularly, getting buyers for home sale, to get her/ mother’s share by parting 3/4 equal shares (grand ma lives in baby’s house), one for my grand ma, second for my father, third for my uncle( chinna), & fourth for my aunt(baby).
My grand ma wrote a will for the property to be shared after her death. My Grand ma promised to us (all family members) among public that she has no objection in clearing my father’s debts by home sale/ loan. Due to lack of money, & lack of confidence we are keeping us far away from this situation.
According to will, she has an registered property of 104 sq.yd or 86.9sq.ft. & Chinna has to live in ground floor, pedda has to live in first floor, & remaining open area on ground floor, & second floor to be shared equally by both of them. & her daughter (baby) need not to interfere in this house as she got a registered house on her name earlier.
By knowing importance of house, family, & public relations. I’m interested in this idea of getting loan & repay all the debts of my father, & mother. & having a registered house for my brother, & my uncle (chinna). So, there may be no problem arise. (It’s our home, our loan, our headache policy).
In 2004, I joined in Polytechnic College, My brother working for me for 3 years. In 2007, I’m selected in campus for an MNC, & working for 3 years, in that mean while, my brother studied polytechnic & got selected for an MNC, & Since 2011 he started working & continues now. In 2010 I joined in Engg. College & after that I’m also joined for supporting my family. We supported each other for our sustain till now. From 2004, Only my mother carries our burden till date, no one else including my father, or any other family member supported us till date.
We provided house document to the lender of 1 lakh , mother’s, grand ma’s signed with a govt. employee surity on blank paper with revenue stamp, & blank pro note with revenue stamp in 2004. They have another 4 written pro notes signed by my mother only. each note for 1 lakh in next sequential years due to interests, construction of home on 2nd floor, food, education, medical & other expenses for our sustain.
1. Is this idea is workable/not?
2. If yes, how to register for getting a home loan?
3. How to write legal note between our family for acceptance of home loan..?
4. Any future problems arise in this?
If no, how to proceed through law & justice:
5. Injunction order to be put or not? If we file it, what advantage we will get?
6. Already a 498(A) is there, but my father lives in his house, eating in his sister’s house & roam like a normal person.?
7. What about DV case file to put or not? Is it safe to live my mother in our house?
8. What to do on my aunt & her child for her frequent interfere in this issue, cursing, & fighting on us..? My brother working out of state. & I will be at house in night only, due to my works, My mother living alone in our home..? Any legal follow up on my aunt is there?
