I had to sell my mother's property during her critical treatment, but she couldn't survive. While selling off we had no clue that this property had a mortgage loan as all the property documents were present in original in our family file. Now after many years current owner is pressurizing me to repay back this loan, since bank is approaching him. Am I liable to payback this sold property debt? I have spent all the amount towards her treatment years back. Please advise.
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1. if property was mortgaged and it was sold by you under the consideration (for money) then it is your liability to pay the mortgage money.
2. in many cases, the supreme court has decided that it is pious duty of the child to pay loan of his parents despite the fact that loan was not taken by him (children).
You could not have sold a property that was under mortgage unless the permission was obtained from the mortgagee. Even after the sale of the mortgaged property the mortgagee continues to have prior charge over the property i.e it can sue you and also the current owner for the recovery of loan and the property may be attached and sold towards the satisfaction of the decree of the civil court, whereupon the buyer can sue you for recovery of sale consideration he had paid you and also launch criminal proceedings for cheating and breach of trust. So make an amicable tripartite settlement.
1. Mortgage of immovable property is possible only by way of deposit of title deed or by registration of deed of mortgage.
2. So ask for details of loan of your father.
3. If he didn't take loan either of these means the mortgage is not valid and you can avoid his demand.
5. Do note that legal heirs of borrower are bound to repay the loan if mortgage is validly executed and registered.
6. So if you give clear information on this I can help you further.
1) you are liable to pay the mortgage loan
2) the sale deed must be containing indemnity clause where in you agree to indemnify the pruchaser against any claims made if any
1. A mortgaged property can be sold or dealt with in any manner without the written consent of the mortgagee.
2. While creating the mortgage, the original Title Deed is required to be deposited with the Mortgagee Bank and without such deposit there is no mortgage of the said property.
3. So, the case stands as that your mother had availed an unsecured loan wherein her property was not mortgaged with the lending Bank.
4. She had sold her property during her lifetime from where her medical expenditure was met. You can ot legally sell her property during her lifetime which indicates that she had sold her property.
5. You are not liable to pay the loan taken by your deceased mother unless you have inherited property from her having value equal to the outstanding amount i.e. your liability to your mother's outstanding loan amount will be limited to the value of the property you have inherited from her.
6. The buyer of the said property also is in no way responsible or liable to pay the liability of your mother, if he has collect the original title Deed of your mother while buying the said property.
You have availed the benefits of the property which was on her name, even it may be for treatment expenses.
Thus you are legally liable to repay the subsisting loan on the property.
The buyer has rights to instruct you to clear the debts persisting on the property.
You cannot shed away the responsibilities as well as the liabilities.
It becomes your duty to fulfill the filial liabilities as well other liabilities for having availed the benefits from the property left behind by her.
