Legal Question in Credit and Debt Law in India
my father took 60 lakhs from some one for his business and he is not able to pay back and the person who gave the money is going for legal action.and there a flat on my mothers name which was purchased long before he took the money(in 2005) from that person. does my mother have the right to sell her property now?or the count will take over the property which is on my mothers name?
2 Answers from Attorneys
If facts are correct and unless the debtor has a legal share in a property it will be not valid for a creditor to seek to attach or bring for sale the property owned by the debtors' wife.
as per civil law, the husband and wife are considered to be one and they share the liabilities jointly and severally. the creditor can seek attachment of property owned by your mother. you need to state all the facts and also state how would the creditor prove the payment of 60 Lacs made to your father.
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