Mortgage property with bank
I have two brothers. The elder brother is living on upper floor where my parents live and my parents live on the ground floor . This property is owned by my mother. My younger brother took a bank loan against this property. He is presently facing financial crisis to pay back loan and even the interest on loan to the bank. My mother wants to sell this property to pay back his loan because he took care of my parents always and so they both are willing to sell their property to pay back loan. But my elder brother is not vacating the house. My mother has offered him his share from the property but he is not vacating the house. My mother is willing to live on rent so that there is no family dispute but elder brother is not willing. So what can be done. Bank is demanding money, What is the law regarding this. How can we get the house vacated by my elder brother so that it can be sold.
Asked in Property Law from Delhi, Delhi
your mother is absolute owner of property . she dosent need your brother consent to dispose of the property . if your elder brother refuses to vacate the property your mother can issue legal notice to your brother to vacate the property . she can file suit for eviction against your elder brother .
Eviction suit is the solution as mother is the owner.
Advocate, New Delhi
Demand the loan amount repayable to bank from the elder brother to save the property. If he is unwilling to repay the loan evict him through court.