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Indian Law/Property issue

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Question
Hi There,

My name is Avinash and i am 23 years old, currently working in a company.

i have a issue with my grandfather propety.

my father was a alcoholic person never used to take care of the family and left us making debts and ran away and paseed away few years before my uncle who is younger brother of my father has pledged all the documnets in the bank and taken loans and enjoyed,
he even has sold same propety to many people and taken money with my dad who was not taking care of us financially nor supported as in any instance now since my father is no more the property has come to my mom and uncle name.

my uncle has again pledged the property and has taken advance from third party.

I have three question to ask.

1.Are we legally bound to pay off all the debt that my dad has made with my uncle.
2.Do the party and the bank have authortiy to confisite the property.
3.Can we file any fraud case against my uncle and put him behind bars and do we have forgo our land for my uncle mistakes cause we have not had a single penny profit from the proprty.

Thanks and regards,

Avinash Shivaram

Answer
Pledge takes place when an asset is transferred to a lender for the purpose of securing a debt. The lender of the debt enjoys possession of the pledged asset, but does not have ownership of it unless default occurs. It is a kind of bailment.Only the true owner can pledge his assets to a lender.The lender normally verifies the title-deeds through a lawyer before lending money on the basis of pledged assets.

A person becomes owner of the ancestral property provided no will was made by the deceased or the property has passed to him through the will.In case no will was made , the wealth of the deceased are transferred to his legal heirs equally in accordance with the provisions of the Hindu Succession Act,1956.

In the instant case , if your father and uncles were owners of the properties pledged by them,then there was no irregularity on their part.If the liability for repayment of loan was joint and several to them,then after the death of your father,your uncle will be solely responsible for repayment of the outstanding loan,failing which the amount may be recovered by the lender by disposing off the pledged assets.However, if the pledged assets are not sufficient to repay the loan,then you may be liable proportionately as a legal representative of your father provided your father and uncle were not severally liable for the debts.

Moreover, it was the moral duty of your father to take care of his family.However, if he has not done it, then nothing could be done against him at this stage because he is no more.

In view of the above, apparently, you have nothing to worry about.However, please consult a lawyer alongwith all your relevant documents and follow his advice in the matter.  

Indian Law

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Arun Kumar Maitra

Expertise

Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

Experience

I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Organizations
Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

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Nil.

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M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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