Regarding Home Loan.
2 years ago
My dad had a home loan. After his death we applied for insurance to cover the rest amount. Now the bank got all the money from insurance but still asking my mom to pay more money. They transferred the loan to my mom without her consent. The loan tenure was 15 years but now they changed to 16 years. The loan amount was 25 lac 50 thousand but they're telling 26-27 lac and they have already received 28 lac. They were torturing my dad too and because of them he got 2 heart attacks in 2 months. They were sending legal notice and torturing to pay all the EMIs from the moratorium. That's why he was too depressed. Now they're doing same with my mom. She is in depression. We are not financially stable. Our condition is becoming worse and worse. Please someone tell us what should we do?
A.Dear Sir,
You need not repay the same on the following principle of law
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'Pious obligation' means the moral liability of sons to pay off or discharge their father's non-avyavaharik debts. ... The ancient doctrine of pious obligation was governed by Smriti law. There is a pious obligation on the sons and grandsons to pay the debts contracted by the father and grandfather.
Hindu Succession (Amendment) Act, 2005- Rights & Liabilities of a daughter member
Section 6(4) provides that no court shall recognize any right to proceed against a son, grandson, or great grandson for the recovery of any debt due from his father, grand father or great grand father.
Pious Obligation gone
Just write your complaint on a paper and mail it to the Banking Ombudsman along with the required documents. This is the unified portal for NBFC, Banking, and Digital Transactions related grievances. You can access the CMS portal at the official website of RBI to file a complaint.
Thankyou
Jagannath S Pawar
Responded 2 years ago
A.If the bank has got whole money for loan covering then why should they harass you. Please approach good Lawyer and brief him well. You should send Legal Notice to the financier and also take legal action for harassment.
A.Dear Sir,
Once Bank receives amount from the Insurance Company it cannot ask amount from your mother approach Banking Ombudsman or directly to the Civil Court or High Court and get a stay order on such misleading claim.
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