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Recovery of loan from maternal grandfather

Shivendra Pratap Singh

Advocate

13/09/2015

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Hi Sir, My maternal grandfather has just expired. He had taken some money from us to pay his debts against some interest. Though he could partially pay back the money majority of the money is still not clear. I have three uncles (only one is married) and 5 aunties (all are married). My grandfather had 5 brothers.

Recently their family division has taken place and there’s a significant property in his name. My uncles are not ready to pay back the money. They are blackmailing us that they would pay back the money by transferring some property to us provided my mother signs with the family settlement. Apparently, there is no will signed by my grandfather. I just want to know that should we file a suit of partition and will that survive in the court.

If you have evidence to prove that your maternal grandfather had taken a loan from you then you have the right to recover it from his properties. When a person owes a sum of amount and that amount remains unpaid after his death then his personal and ancestral properties shall be charged for the payment of that loan and his legal representative is bound to pay it out of the properties devolved to him.

Your grandfather’s properties are under liability to pay his outstanding loan. Those portions of properties shall be subject to partitioned or devolved to his legal heirs which remain after the repayment of all dues.

You should file a suit for recovery of money (loan) and also file a suit for a temporary injunction to stay the partition of properties until the loan is paid. You have to prove for a temporary injunction that:

  • There is a loan (right). 
  • That loan is unpaid (you have an irreparable loss). 
  • That loan can be legally recovered out of the properties of the borrower (balance of convenience is in your favour). 

You should not afraid of his blackmailing, you have the primary right in the property of your grandfather. His property cannot be partitioned without payment of all the dues. In Hindu mythology, it is presumed that legal heir must pay all the dues and liberate the soul of his ancestor from bondage.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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