Legal Question in Intellectual Property in India
My friend dad expire few years back leaving his mother , his elder brother (married & having two children ) & him(married & a child). His brother took loan on both property without his consent ,by keeping his mother in confidence, and purchase a home in the name of his wife without any loan. His brother died few days back . Now he wants , to sell one property to repay the loan on both house and take care of his mother, his brothers family & his family .But his late brothers wife is not agreeing to sell that property , obviously her family is supporting , and demand the share on both property (his dad ones) and still want to be in the family.If my friend except this ,then he have 75K loan/month on his head & having only 25K/month salary.
What you people advice in that situation.
He dose not want to leave his brothers children as they were depply attached with his family but unable to pay the loan.
1 Answer from Attorneys
07.08.2013
Dear Sir / Madam,
As I see it, your friend's widowed sister in law is residing in one house with the two children and your friend, his mother, his wife and a child are residing together in the other house. Primarily, since your friend's deceased elder brother had taken the loan on both properties, his wife as his first legal heir becomes responsible to settle and repay the loan with the bank. How she manages to repay the loan (whether by selling the house that is in her name and she moving to her maternal place for good; or by her taking financial assistance from her maternal side since they are supporting her; or she herself taking up a job or doing her own business to be financially independent to earn money herself to pay the monthly EMI) is purely her look-out and it should be left to her. She has no legal right to interfere in your friend's house trying to establish her claim thereon. Tell your friend to keep emotions and sentiments aside and face reality.
Regards,
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