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BhanuPrasad Bondi   27 June 2021

Property document

We are 2brothers and 1 sister for my late mother. My father married another lady after my mother passed away. Now my father lodged a complaint against me stating that I have stolen my property document which is on my late mother's name.But in actual, I haven't stolen it. My father took educational loan for me in S.B.I bank. After my training has been completed I got the job and used to send money monthly 19000 rs for a period of 21months, in which they have to pay 2000 monthly. But they didn't pay anything. After that , I have to give my 2nd mates exams(Seafarers). For that also they gave me a very little amount. But they took debts of higher amount in my name. Now they are saying that they took debts of 65 lakhs only for me . As it is totally incorrect. My elder brother is a physiotherapist.They have invested lot of money on him. But they are saying only my name.
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 name.
The S.I is threatening me that he will file an f.i.r regarding this.
please advice me .


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 12 Replies

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

Thank you for your valuable advice sir

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

I already declared infront of S.I on the same day that the original house document is with me... I already cleared the education loan which is in my name... I was talking about the money which my parents borrowed from someone for interest.... Wherever I signed, I cleared them(30 lakhs)...I have to clear another 10 lakhs on which my signatures were there...I agreed to clear those ten lakhs also..But the S.I and my parents were pressurising and forcing me to clear 30 lakhs more where my signatures were not there

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

Now they went to C.I taking the same complaint. Do I say the same sir?

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

is it a crime if I take gold from my home

Umesh Rathod   13 July 2021

Yes,proprty document is needs,then other infarmation for search on google


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