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S Umesh Rao (propreitor)     01 June 2019

LR's rights

Dear Experts,

My grandfather purchased agriculture lands in three children's name but actually he had 10 of them. He was also a loane and a guarantor for a bank loan taken where in a part of the amount was given to the earlier landlord as settlement to the sale transactions. Later he demised without clearing the loan. Bank initiated recovery suit and made all 10 children's as LR's to the suit. Judgement was given in favour of bank to recover all dues by selling the pledged properties and in case of shortfall ,to go for personal decree against all LR's. Some how the LR's managed to clear the loans.

Further ,after clearance of loan , the three children in whose name my grandfather had made the sale deed claim to be their self acquired properties. My query to experts is , My grandfather had pledged his ancestral property also along with the purchased lands as collateral security and purchased lands for all his children and not only his three children., Do the other children claim their share of assets by way of partition. Can u please give any Supreme Court citation which relates to our case.


Learning

 4 Replies

Shashi Dhara   01 June 2019

When the bank made all of them as parties in suit what was the contention of three sons they have defended as they r liable to discharge the debt or not

S Umesh Rao (propreitor)     01 June 2019

they never objected to it.

Shashi Dhara   01 June 2019

They have to object it that they r liable to pay loan amount as they r the real owners of mortgaged land .but now all have cleared the loan with consent.so it may be considered as joint family property and may claim for partition.

S Umesh Rao (propreitor)     02 June 2019

thank you madam for the reply, with regards can u please give me referance to some Apex court Citations.

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