shashwat poddar 10 December 2018

Partition Case

There were 4 owners of a property A, B, C & D and there are four separate registeration of the the property. Abc is a partnership firm in which A & D are partners (D being the silent partner) of the firm who took a loan from bank in the name of firm keeping their property as a collateral security with the bank. A and D are actual borrowers as well as guarantors. But B & C are the guarantors. Now C makes the entire loan repayment as a guarantor because A & D makes a default in payment. A house is constructed on the property in which C & D are husband wife who live on the ground floor and A lives alone on the top floor after the death of his son B. A is threatening C & D to sell his share to thugs and neither paying the loan repaid amount to C. C is ready to pay him for his half share after deducting the loan amount. How can C & D safeguard their property from A selling it to thugs and recover the loan repayment amount?

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4 Replies

Siddharth Srivastava (Advocate) 10 December 2018

details are required to be examined. you can initiate necessary proceedings for recover of amount paid as guarantor beside you can initiate injunction proceeding against the firm and property involved.

Shashi Dhara 10 December 2018

U take stay in civil court to not to alienate the property until the claim is settled.

Kumar Doab (FIN) 11 December 2018

The gurantor; C that has paid the debt may succeed to get into shoes of creditor and may proceed to recpver debt that is paid from borrowers.

Before borrowers whose property is now free from charge of creditor , dispose their property C may ASAP try to obtain stay and recover the debt.

Kumar Doab (FIN) 11 December 2018

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Civil matters.

Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.