sejal patel sejal patel

4 months ago

My Brother Has Taken Loan Of Rs.2.5 Cr From Co Operative Bank Against House Of My Father Valued Rs.3.3 Cr And My Father Was Co Borrower For This Loan. My Father Died In March2021 Then After Me And My Mother Has Withdrawal Our Right From Property In May 2021 At sub Registrar office my brother has taken loan of rs.2.5 cr from co operative bank against house of my father valued rs.3.3 cr and my father was co borrower for this loan. my father died in march2021 then after me and my mother has withdrawal our right from property in may 2021 at registrar . and my brother is sole owner for this property. my brother is not paying emi regularly so bank has seized his house . my brother died in july 2022 then after his son and his wife are the legal legal heirs of his property. the loan
amount outstanding is rs.2.6 cr at time of my brother death . recently bank and my brothers wife have sold property in sep2023 at 2.42 cr and bank asking for remaining amount from them. now my brothers wife and son has filed application at board of nominee's for adding me and my mother for legal hirers of co borrower . after my father death all liquid assets amount lied with my mother in the name of my father given to my brother and my mother is also income tax payer she has only has her owned liquid assets amount with her. and also i have not taken any amount from my father property so my question is that me and mother can liable to pay dues of bank from our owned assets . My Brother Is Not Paying Emi Regularly So Bank Has Seized His House.
then after my brother leave my mother alone and gone to leave separately with his wife and son at another place and mother living alone since june 2021 in rental property . . My Brother Died In July 2022 Then After His Son And His Wife Are The Legal Legal Heirs Of His Property.
The Loan Amount Outstanding Is Rs.2.6 Cr At Time Of My Brother Death . Recently Bank And My Brothers Wife Have Sold Property In Sep2023 without our knowledge or concern At 2.42 Cr And Bank Asking For Remaining Amount From Them. Now My Brothers Wife And Son Has Filed Application At Board Of Nominee's For Adding Me as daughter And My Mother For Legal Hirers Of Co Borrower .
After My Father Death All Liquid Assets Amount Lied With My Mother In The Name Of My Father Given To My Brother And My Mother Is Also Income Tax Payer She Has Only Has Her Owned Liquid Assets With Her. And as daughter I Have Not Taken Any Amount From My Father Property So My Question Is That Me And Mother Can Liable To Pay Dues Of Bank From Our Owned Assets. Kindy guide what are the rules for the same

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
From the contents of the query, it is not clear how you and your mother withdrew or relinquished your right from the property of your father in May 2021 after the demise of your father in March 2021 when the property was mortgaged against a secured loan. When your father was a co-borrower with your brother against a secured loan and died intestate, i.e, without a Will, before your relinquishment or withdrawal of your right from the said property that does not waive or exempt you from your liability as a legal heir of the said property and equally liable to repay the debt of deceased owner of the property along with other surviving legal heirs. Because of the above proposition of law, the wife and son of your deceased brother have made an application for the inclusion of you and your mother's name as legal heirs of the deceased borrower for the attachment of property to write off the debt lying outstanding even after selling the property of deceased borrowers. In the intestate succession, while surviving legal heirs are entitled to enjoy an equal share in the property of the deceased owner, they are equally liable to meet the debt of the deceased owner.
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