Is son liable to pay for personal loan taken by mother
My mother took personal loan of 7.50 lakh in 2012 at that time she was working in a college. Of which my father and I was not aware. My father was living in separate state and she was living in different state. I am settled outside India. There was no reason to take personal loan as there was no financial struggle and no responsibility of anything because we all were earning.
Just that my mother had some fake email in 2007 stating that she had won some million dollars and to claim that she has to revert. She got involved in it and since then she has been wasting a lot of money. We came to know about this in 2010. We tried to stop hear explain her but failed to. Because all three were living separately and it was not possible for us to travel and keep a check on her.
Later she sold our flat also which was in her name without telling anybody. Post all this she got extra marital affair with a guy who was a part of that scam. This is when she took personal loan of which we were again not aware of. In 2014 bank tried reaching me out and to do that they tracked down my friends saying I have taken a loan and mentioned them as guarantor. That's when i came to know that a personal loan has been taken. I informed my father about all this who was now about to retire in a month with extremely bad health.
We asked our mother to which she said she has been dealing with all this and not to interfere in my matter. From childhood itself she has been very head strong. Later I went to bank asking how could they give a personal loan to a lady who was working only for a short time and how come my name is mentioned as a guarantor when I am not even Indian citizen and visited India only in 2011 and then in 2014 at my dad's retirement. I can support that with my immigration passport stamping.
I agreed to pay all the balance amount provided they show and prove that I am a party to the loan or I was a guarantor and my signature was there, and if my signature have been forged prove it that that I was in India at that time. Also I told them that I have been harassed by your recovery department by giving end no of calls to me , my wife and my colleagues in abroad, not only calls it turned vulgar using abusive language.
The VP of the HDFC bank admitted that there was some fault in this file and this loan should not have been approved he also ensured that now you won’t be receiving and calls, this happened in Feb 2015 when my father died, he ensured but we had short time and had to travel back nothing we got in written. When my father retired he got some 50 lacs which my mother took all of it. To be true I don’t even know the exact amount. From that amount she paid some 1.50 lacs to bank. We did not received any calls since then and now again bank has started harassing saying pay the balance amount.
Points to be noted:
? I am not an Indian citizen.
? Have no relation with my mother since my father died since she is involved with someone else.
? I did not received single penny after my father retired (He retired in Oct 2014 - and died in Feb 2015)
? I did not received anything in inheritance from my father or mother.
? We have two flats, which were booked in 2010 for in name of me and my father and we both paid towards its installment.
? Of which we took registry of 1 flat in Nov 2014 where my father moved into this house after retirement.
? Registry of other house still has not been done.
? My mother is still staying in same house. Also she took my father and got will made that her name should be added in those house after my father's death.
? Apart from this we have no other property or joint account.
? I am not on talking terms with her except she calls monthly asking for random amount of money
I want to know:
? Am I liable to pay my mother's balance amount loan? When I am not guarantor and not inheriting anything from my father and mother.
? Also if she keeps on taking loan and waste money over her extra marital affairs how am I suppose to protect myself from banks in future?
Kindly Help. Thanks in Advance.