• Property loan of missing brother

What should i do as sister for property loan of my missing brother. He is not legally divorced but divorce filed in high court Gujarat. Has son as well but I have all documents & belongings , they r separated , not staying together since 13 years.
Asked 9 months ago in Civil Law from Navi Mumbai, Maharashtra
1)if you are in position to help financially then you should repay the loan taken by your brother for purchase of property.

2) you have not mentioned where you brother has disappeared . how long he has been missing? 

3) whether missing complaint filed with police? 

4) contact his friends and try to trace your brother 
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
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Nominee is like a trusty he cannot utilise that property as his own. First you take possession over the property which is in your nominee then it will be decided who is the real owner. Till then you keep it as trusty and let them to prove ownership. If person fail to prove his right you will be owner of that property. 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
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Hi, you can file a suit for partition claiming your share in the property as the property stands in the name of your brother but it was purchased in the joint family funds so you have share in the property.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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You are not liable for the debts contracted by your brother unless you stood as a guarantor. If, however, you have inherited any property from him then the lendor can apply to the court to attach those properties.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1) nominee is only trustee for legal heirs . 

2) your brother is only missing and not declared dead . 

3) you have not mentioned when your brother went missing . 

4) has 7 years passed since he went missing ? was missing complaint filed in police station ? 

5) on his demise you and your brother would not have share in his properties . 

6) on his demise his wife and son would be legal heirs only as your mother predeceased her son 
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
What should i do as sister for property loan of my missing brother. He is not legally divorced but divorce filed in high court Gujarat. Has son as well but I have all documents & belongings , they r separated , not staying together since 13 years.

If your brother has defaulted loan, it becomes his duty to repay and not you as a sister.  You are not obliged to repay just because you are his sister, however if you have sttd as a guarantor then you may have to answer the legal liability i this regard. 
If the loan was obtained from a bank pledging his own property, the bank will take care of the recovery aspect by bringing the property to auction. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
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She filed 498 against us n proved wrong by court. What are the laws in our( me n my another brother) favour for rest of his funds as he made my mother nominee & she is no more?
He got this property by our parents money on which all of us were having right.

If your brother is missing and the property belongs to all the legal heirs of your deceased parents, then you can file a partition suit and obtain a stay on it being auctioned by bank before the partition sit is decided.  This will protect your interest in the property. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0

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