My father has expired testate on 1st March 2012. My father has three children. One son and two daughters. I am one of the daughters explaining the case. During the lifetime of my father, he has executed a Regd. will on my mother's name having 10 Acres of Agriculture land in Karnataka. My mother is alive and staying with me. Immediately after the death of my father, my brother has mutated 10 acres agriculture land on to his Son's name by forging my mother's signature on an affidavit by colluding with Revenue officers in the village with out my mother's knowledge. That time, my mother has not mutated the property on her name, though she was having a Regd. will in her favour. On knowing the fraud, my mother has filed a case in Assistant Commissioner (Revenue) office Court in the koppal district of Karnataka and got an Order from the AC Court in her favour. The AC office court has directed the Tahasildar to cancel the earlier mutation done on my brother's son name and directed the Tahasildar to carry out the Mutation on my mother's name. On knowing about the AC Court order, before the property gets mutated on my mother's name, my brother's son has taken a loan of Rs. 15 Lacs in Syndicate bank by mortgaing the 10 Agriculture land property. Subsequently, the Tahasildar has mutated the 10 Acre land property on my mother's name. Now the bank loan is on my brother's son name and the Property on mortgage is mutated on my mother's name.
Now, what My mother needs to do;
1) Whether my mother is having any liability on the Loan taken by her grand son?
2) If my brother's son doesn't re-pay the loan to the bank, what the bank will do? Whether the bank asks my mother to pay the loan since the mortgage property is currently on my mother's name or Bank has right to auction the land towards loan payment.
3) What are the options before my mother now?
Pl. provide your valuable legal advice. Thanks in advance.