Legal Question in Banking Law in India

Hi Sir,

I have home which is in the name of my mother It is 3 storey building . We are 3 brothers, We have taken home loan of 7 lakhs and was paying regularly for 2 years, after I divided from family staying in 1st floor,. And My 2 brothers and Mother has taken over draft in the same bank 30 lakhs without my notice for business purpose with collateral security of Home. From past 1 years my brothrers has not paid home loan and overdraft amount. The business is under losse, now bank is issuing suface act, I would like to take responsibility of home loan, and we would like to do partition internally. My brothers are not paying any amout towards over draft , which is in npa status. Now bank is issuing surface act against property. Is there any chances for me to fight against bank to ask question why the bank has given over draft facility wihout my notice ? or Can I calim my share in court with asset and liability of home loan ?Is there any settlement in bank for such over draft account ? Please suggest me how can I deal with this problem ?

Thanking you,

prasad


Asked on 10/02/11, 2:24 am

2 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

consult a local advocate with full facts and defend the suit

Read more
Answered on 10/02/11, 10:08 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

first of all talk to the bank with the issues

yes u may take such pleas but in that case ur brothers would be charged under fraud with bank as they may have not disclosed u as a owner ...

so u shuld first try to settle that amicably

Read more
Answered on 10/03/11, 2:01 am


Related Questions & Answers

More Banking Law questions and answers in India