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Need Urgent Help :- Home Mortage in bank loan

varun1981 6 May 2013, 20:49

Hi

I took a Debt from the nationalised bank for opening a factory(plant- Pvt as per Companies Law) in 1991 by making my own property (home) mortgage. There was a sister concern of this factory which my brother was handling . (I was not partner of that firm which my brother was handling. My brother’s firm had taken loan from the same bank and our father had given guarantee for my brother’s firm. ). In 1998 , there were huge losses in business causing both factories to close. I did bank settlement in 2006 in Debts Recovery Tribunal but my brother was not able to do the settlement with bank. My father and brother passed away by last year.

Now bank is refusing to give me registry of my home stating that my father is the guranteer in my brother’s firm and as a son, I am liable to pay the debts.

I want your urgent help to know is this legally possible that a son can be held for debts taken by his brother and guaranteed by his father

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