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Can a father file case against son for not paying loan taken for him
12-May-2023 (In Family Law)
We are two brothers, my father is retired small state govt. Employee. I and my brother has age gap of 9 years. This gap made the difference, all my father's salary, and the loans from his office also used for my brothers studies, at the time I required money my father borrowed money from relatives, even after my brother settled he did repay the debts. My father and me both are suffering to repay. My father wants to file a case on my brother. Suggest me how should we proceed?
Adv. Murali Mohan Rao
Hyderabad | 100+ Answers
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Hello,
You did not mention on whose name the loan was taken? Are the debts incurred by your father secured or insecured? If the debts are insecured debts then your brother may not face any problems and your father has to pay off the debts. If the debts incurred are secured, then only the properties inherited by your brother will be attached and not his self acquired property. Your brother's self acquired property cannot be attached or sold for your father's debts.Only your father is liable to pay his debts.
You did not mention on whose name the loan was taken? Are the debts incurred by your father secured or insecured? If the debts are insecured debts then your brother may not face any problems and your father has to pay off the debts. If the debts incurred are secured, then only the properties inherited by your brother will be attached and not his self acquired property. Your brother's self acquired property cannot be attached or sold for your father's debts.Only your father is liable to pay his debts.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Here there is a resonsibility cast on your brother to share the debts . I suggest you that your father and mother also can even file a maintenance case against your brother by describing all the facts in their case and can take necessary action and the court will do the necessary need to your father.
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Adv. Dwara Pallavi
Hyderabad | 200+ Answers
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Dear Client,
Your father can file a maintenance case on your brother for his maintenance and maintenance of your mother. If loans are there, who is the guarantor, he can pay the same. If no guarantor, your father must pay. If your father is penniless then no body can claim from him as his assets are insufficient. The debts of your father though he owed for his studies there is no obligation on your brother to discharge the same.
Your father can file a maintenance case on your brother for his maintenance and maintenance of your mother. If loans are there, who is the guarantor, he can pay the same. If no guarantor, your father must pay. If your father is penniless then no body can claim from him as his assets are insufficient. The debts of your father though he owed for his studies there is no obligation on your brother to discharge the same.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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