Legal Question in Banking Law in India

sir,my dad was guarantor to his brother's loan of amount 16 lacks but he could cleared it.Now bank had pledged my dad's property though borrower has his own property..we appealed to DRT meanwhile we have appealed to civil court regarding that our property is belongs to my grandpa coz ours is joint family ... now i wanna know is this case stand in civil court...please do help us sir we dont have nothing rather than our home now my uncle made us to loose that..he is ignoring us we really blank,,,.all says one other type please suggest me what to do next ......

Asked on 6/19/12, 11:49 am

2 Answers from Attorneys

J. Radhakrishnan independent Practice

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I hope that as against SARFAESI proceedings against your dad's property, you have filed Sec.17 application to DRT claiming that your share in the property cannot be sold. No suit in Civil Court will lie against an action under SARFAESI proceedings. You have to seek remedy in DRT only. I hope your dad is alive. If he is alive, then you have to prove that in the property you have a share, it being ancestral property. You have also to contend that the guarantee your father provided is not for the benefit of the joint family. If he is dead, perhaps the doctrine of pious obligation of a son being liable for the father's debt may operate against you. In any case pursue your remedies with the assistance of a good and knowledgeable local lawyer.

Answered on 6/20/12, 5:26 am

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