BhanuPrasad Bondi 27 June 2021
G.L.N. Prasad (Retired employee.) 27 June 2021
Only this part of the query is relevant in the forum:
Recently they lodged complaint against me in police station to clear whole 65lakhs and to return the house document which is in my late mother's name. The S.I is threatening me that he will file an f.i.r regarding this.
1.It is none of the business of SI asking you to clear the loan. The issue is beyond his powers. The loan is in your name. It is your duty to pay the same. The Bank is concerned with recovery from the borrower and co-obligant. However, this may be taken as "Advise" as the father has become old, and had more family responsibilities at that age. This is a moral obligation on you as a son.
2.Coming to the loss of the original document, you are also a legal heir and you can keep that document in your mother's name as a Trustee and as co-sharer. It can not be called as theft.. If your father alleges that the original document was stolen, the police must investigate and find out how was it missing If the document is with you, you can accept that original is with you, and police can not treat the document as stolen, as you have a right as co-sharer to keep the document of title deed belonging to your intestate mother.. If you are not in possession of the document, give a statement to Police and they can not do anything, and they have to find the real culprits and establish the same in a court of law.
All these may be threats and problems within a family that should be sorted out with mediation of friends and relatives
BhanuPrasad Bondi 27 June 2021
P. Venu (Advocate) 27 June 2021
The facts posted are confused and disjointed. What is the amount of educational loan taken?
What are the other loans? It is inconceivable that loan could have been taken in your name without your express concurrence and approval. Please come clean with the facts.
BhanuPrasad Bondi 27 June 2021
Education loan was taken for my Cadet training...(1,95,000rs). Training period was 1 year.After completing 1 year , I got placement in my father's company. I boarded my ship and sent my whole salary to them. But they hadn't paid monthly interest to the bank. They paid 70000 at once after 18 months.We have debts since 1997... after my step mother entered my home. She has done many debts ... Especially for my elder brother....
Now they are pressurising me through S.I to clear a debt of 65 lakhs alone.Though we are 3 brothers and one sister, they are putting the whole debt on me....
My home document is with me which is in the name of my late mother....My father made a complaint stating that I stole the document.
Please guide me
Dr J C Vashista (Advocate) 27 June 2021
The facts posted are not clear, it is better to consult a local lawyer.
T. Kalaiselvan, Advocate (Advocate) 30 June 2021
If you have the property document why don't yo declare the same that the same is in your possession.
Please be aware that the property left behind by your deceased mother upon her intestate death shall devolve equally on all her legal heirs, hence by keeping the original documents with you, it cannot be said that you become the absolute owner of the entire property.
You are entitled to only your legitimate share in that property, hence you better issue a legal notice asking for partition of the property and endorse a copy to the police and intimate them that since it is a civil matter the police cannot interfere in this property which is common to all the co-sharers.
As far as the loan repayment is concerned even if you confirm that you have sent the money to your father for repayment and he has not paid any money towards loan repayment, the burden lies on you for default.
Instead you should have directly repaid the loan amount to the bank
Now you are liable to repay only those loan which is on your name.
You cannot say that the additional loan was taken without your permission,because the bank will not sanction loan without your signature including the enhancement of loan
BhanuPrasad Bondi 30 June 2021
G.L.N. Prasad (Retired employee.) 30 June 2021
As informed tell the SI bluntly that you are not capable of taking additional burden as you have already repaid huge borrowing and ask him that this is a civil matter. Hope he will understand through your tone that he should not cross his limits
BhanuPrasad Bondi 30 June 2021
G.L.N. Prasad (Retired employee.) 30 June 2021
That is a fact and you should boldly say that 1.As a co-sharer you are legally entitled to possess a sale deed belonging to your deceased mother. 2.Borrowings amount to civil matters but as a son, you have repaid already .....lakhs and prepared to pay Rs.....lakhs, and you are not bound to repay the borrowings of father for miscellaneous works, without any such actual necessity. Politely request him not to bother further disturbing you as SI has also on.................called and the same reply was given to him. If you are called provide a simple, polite letter in the name of CI stating the same contents, handover the letter to him, send the copy by registered post the next day mentioning that the copy was personally handed over to him on............at.............(time). Get a certified copy of the complaint and enclose it to your next post for precise guidance.
BhanuPrasad Bondi 12 July 2021
Umesh Rathod 13 July 2021
Yes,proprty document is needs,then other infarmation for search on google