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Author Topic: Property Partition/succession with property papers mortgaged for loan in Bank  (Read 809 times)

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Offline gowda

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My father and mother expired leaving no WILL behind for the property and the property has homeloan with me as co-applicant. Original property papers mortgaged/pledged as security with bank for securing loan. My brother who stays in the property has rented out all houses without my consent (rent agreements duly signed by him, also taking huge advances from tenants and has one house on 3 year lease all un registered) rent collected from tenants not shared with me and also  defaulting  paying the EMI (earlier collected from rent and paid when father and mother were alive) Defaulting/overdue of EMI affecting my CIBIL score,etc.  Property taxes not being paid regularly, property not maintained well. I have spent money during construction and as co applicant, now not willing to pay for the outstanding loan for bank towards property from my pocket. Rent currently getting is 4 times of the EMI to be paid for bank. What is the best action i can take to get the possession/share/evacaute tenants, if legally possible

Offline advuma

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it would be beyond reasonable doubt for the court to believe that the tenants occupying your property was given rent without your consent.

since you are paying the EMi of the place you will under all reasonable situation have full knowledge of the property.

Kindly note you cannot approach with dirty hands.

so plz come clean and state the real picture
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline Deepali Mohite

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There is nothing you can do about the repayment as the loan application was signed by you too as a co-applicant. The only thing which you can do is surrender the home and the bank can auction the property to recover the loss and if extra is earned will be given back to you. So the best is to visit the bank and tell them you are not ready to pay the further EMIs.


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