Revision application at Div. Jt. Registrar Co.op.soc.

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 months ago.

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  • #3444

    Hello sir,

    I have house constructed at our native place in agricultral land which is owned by my father and his 3 brothers. Its an ancestral property. I had taken NOC from all 4 people whose names reflect on 7/12 extract before constructing the house and it is registered on my name at grampanchayat office.

    The expenses incurred to built this house were 7.2 lacks out of which 2.0 lacks were taken as loan from sahakari bank. The loan is in my name and my father is coapplicant whereas my 2 cousin brothers are (sahkarjadar). I repaid the loan for 1.85 lacks however dispute started for joint family property. My family was assaulted by one of my youngest uncle and was supported by other brothers. Hence we left said house after filing FIR about the incident. As on date the civil partition suit and the criminal cases are yet to be decided.

    As on date as I have not paid the balance loan amount the bank has taken order from co.op.hsg society court to recover the balance amount against me, my father and 2 cousins.

    My cousins are opponents in our civil partition suit and they have done filed revision application against the bank, me and my father.

    However as we were forced to leave the house and are paying to stay despite having our own house. Therefore we stoppef paying to the bank. Being the only earning person in the family it is not possible for me to pay as I am struggling to meet the daily needs of the family in my monthly income.

    Is there any way an order be taken against all my 2 cousins to pay the balance as they have forced us to leave our self owned property and police complaints are filed whenever required.

    Thanking you and awaiting to hear at earliest.

    Best Regards,
    Ullhas Patil

  • #3454

    While it may not be possible to give an accurate answer on the basis of limited facts, without having seen the detailed papers of the case, I may state that, generally speaking, the loan has to be repaid by the persons who have taken the loan or who are the guarantors of the loan. If any property has been given as security to the loan, it can be recovered from the property. If there are several co-applicants to the loan, i.e., if several persons have taken the loan together (as you appear to be saying), then it is the joint responsibility of such co-applicants to repay the loan. If one person repays the loan single-handedly, then he may, generally speaking, recover the corresponding shares from other co-applicants, subject to the terms of the loan and subject to their mutual understanding.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

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