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Legal action against brother for taking loan on the family property


02-Nov-2023 (In Property Law)
We are a family of 6 members and our father passed away 6 month ago. Our family property (5 acres of land + house) in our mother's name currently, two of my siblings has taken a huge loan from the bank by submitting the documents of our family property without other member's consent. They made our mother sign the loan papers forcefully. What are the legal options we have in this scenario?
Answers (2)

Answer #1
693 votes
in case if the property is in the name of the mother alone,she can create encumbrance over the property.in such event,the demise of your father is not at all a relevant issue. If the consent of your mother was done forcefully,your mother shall file petitions before the competent authority. anyway as this matter involves scrutiny of documents and like mannered,better to consult
Answer #2
790 votes
Admittedly, the property belongs to your mother. She is the absolute owner and has the complete discretion to deal with the same during her lifetime. At present, none of the children has any vested right in the property. Then , where is the question of any legal option.

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