• Educational loan help

hi sir, i took an educational loan and could not get suitable job. my father was repaying the loan since he was the grantor. few months back my father passed away and now the bank has freeze my mothers account. i live separately from my mother in another state in India. now can the bank really take money from my mother account. my mother was not my grantor. i am not in a position to repay the loan amount near 4L.
Asked 3 years ago in Civil Law from Barpeta, Assam
if your mother has got some property/asset from your father then bank can recover
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. If your mother is not the guarantor and if the said account is not a joint account with your father, then the Bank can not freez her account,

2. In fact Bank can not freez any account, they can appropriate the amount lying in the said account for realisation of dues, if permitted,

3. Verify the facts.
Krishna Kishore Ganguly
Advocate, Kolkata
13528 Answers
291 Consultations
5.0 on 5.0
Your mother can challenge the action of bank and seek defreezing.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) you have not mentioned whether your mother had joint account with your father or not . 

2) if your mother did not have joint account nor was guarantor bank cannot freeze her account . 

3) your mother should complain to banks ombudsman regarding action of the bank 

4) if no action taken then your mother move consumer forum against the bank for recovery of money lying in said account
Ajay Sethi
Advocate, Mumbai
27137 Answers
1470 Consultations
5.0 on 5.0

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