Legal Question in Banking Law in India
what if the property of the father(one house that we are living in) is not inherited & have won by son through a court case against the father when he was alive,can the bank still claim it from the son,of a deceased guarantor father,,if there is a default by the borrower?
Asked on 7/31/10, 4:05 am
1 Answer from Attorneys
J. Radhakrishnan
independent Practice
I presume that the son got the property by partition through court and the parties are Hindu. If the debt guaranteed by the father was before the suit for partition and is not tainted by any illegal purpose and was contracted for family benefit or necessity, the son's share in the ancestral property can be proceeded on the ground of pious obligation under Hindu law, after the death of the father.
Answered on 8/02/10, 6:03 pm
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