• Bank threat for suit of unknown dues of my late grandmother

I have my property got by sale deed from Family Understanding in 2010.
We never got any notice from Bank still now for demanding any dues of my late grandmother who is expired in 2004
Bank threat that my grandmother was party in one account in mumbai and these account is default.
My grandmother also have owner of two more property But bank officer only threat me to involve my property.But how can it possible? my property have no any charge no mortage no lien and also i check seach report and governmetn register but no evidence
Is it serious for me?
My granmother is expired on 2004, and why still bank silence? even my grandmother suit against these bank in 2001 as a owner of her bunglow other property.I check all legal pepers bank not mention these unknown dues 
I feel tensed due to these issue
please advise me
Asked 1 year ago in Property Law from Ahmedabad, Gujarat
Religion: Hindu
1)ask the bank to furnish detailed statement of account 

2) obtain copies of application made by your grand mother for loan , agreement signed by your grand mother etc 

3) claim of bank is barred by limitation 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
if any loan was taken by your grand mother bank would have taken recovery proceedings for recovery of loan amount with interest 

2) the fact that bank has remained silent for so many years speaks volumes 

3) dont sign any acknowledgment of liability for repayment of loan 

4) bank claim is barred by limitation 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1. Well, it's not clear whether the property was mortgaged with bank or not.
2. Unless the property is mortgaged with bank, it can not create charge in the property for defaults if any.
Devajyoti Barman
Advocate, Kolkata
5174 Answers
54 Consultations
4.9 on 5.0
1. If your grandmother had obtained a loan from the bank which she had not repaid then the bank can file a lawsuit against her heirs to take the possession of the property which has devolved on them through inheritance or succession.

2. However, the bank cannot recover the amount after a lapse of 10 years from the demise of your grandmother. Reply through your lawyer to the legal notice as you have a good defence on merits.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Hi, Bank has no right to claim the dues orally, if there is any due they can claim through issue of legal notice, if you received the notice then you can reply it accordingly.

2.  Hi, as per law they can't claim the amount after the expiry of 3 years it is called law of limitation or else you have to sign for an acknowledgement of debt undertaking to pay the amount then only the can claim the amount. Don't worry you have good case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
The claim of the bank will not sustainable. Limitation period is also applicable in your case.  Do not receive any notice or acknowledge of liability for repayment of loan from bank in  grand mothers name. 

Bank cannot recover the amount from you. 
Ajay N S
Advocate, Ernakulam
1909 Answers
19 Consultations
5.0 on 5.0
The bank might have advanced the loan which would have remained unsettled or not repaid but bank officials who are in the knowledge of the property documents deposited for collateral security may be trying to put pressure on you to commit the liability of loan so that they can enforce the loan which is barred by limitation in the present condition. 
Since you have the registered sale deed and property in your possession, just do not worry about the oral threats by the bank, let them first send notice, you can reply them fittingly after which the bank will wind up without making any reference in future. 
Consult a lawyer and issue a notice to the bank if the threat persists.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
only mortgaged property is liable to sell in recovery of debt. challenge the legality of bank's notice. no marshaling applied after partition of properties. if property cannot be identified then all the legal heirs of borrower are liable to repay the debt jointly. 
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
1) i have already advised you that bank claim is barred by limitation 

2)if your father has taken loan he is bound to repay the same . 

3) if your father has repaid the loan bank cannot attach and sell any property standing in his name .

4) it is difficult for bank to recover dues of your grand mother account  if it has not taken any action for many years .case should be filed within period of 3 years  
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
Need not worry .The banks claim is bad for limitation..Why  you afraid if the bank is not take a single steps against you.  The bank manager will know if he made more pressure or threat upon you, you will pay the amount .
Ajay N S
Advocate, Ernakulam
1909 Answers
19 Consultations
5.0 on 5.0
The property on your name was purchased by you on a registered sale deed.   If at all there was a loan or charge on the name of the property, this would have reflected long back but he bank is trying to put pressure on you to repay the outstanding loan availed by your deceased grandmother saying that this property belonged to her. This is a fear psychology game played by the bank to clear the dues somehow.  You dont commit anything in writing to this. 
If you have not received any notice, do not give any notice from your side voluntarily, it may turn danger to you. 
Whatever contents you have stated here are only oral and nothing in writing so without getting anything in writing do not make a commitment by yourself towards any loan. If the bank manager or any staff repeatedly trouble you over phone, tell them that you will lodge criminal complaint them with the police for threatening you and demanded bribe from you etc. They will stop calling you. If you receive any notice, you may consult a lawyer and give a reply denying the allegations. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
The threat of the bank to charge your property is totally unfounded and without legal basis.
If the bank tries to blackmail you on the basis of such threat you can file case of criminal intimidation and extortion against the concerned person.
Devajyoti Barman
Advocate, Kolkata
5174 Answers
54 Consultations
4.9 on 5.0
there is clear law to make liable any property for debt. section 50 cpc says that without court's direction no property could be charged for recovery of debt.  
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0

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