Recovery of loan from maternal grandfather

by Shivendra Pratap Singh | Sep 13, 2015 | Civil Matters

Hi Sir, My maternal grandfather has just expired. He had taken some money from us to pay his debts against some interest. Though he could partially pay back the money majority of the money is still not clear. I have three uncles (only one is married) and 5 aunties (all are married). My grandfather had 5 brothers. Recently their family division has taken place and there’s a significant property in his name. My uncles are not ready to pay back the money. They are blackmailing us that they would pay back the money by transferring some property to us provided my mother signs with the family settlement. Apparently, there is no will signed by my grandfather. I just want to know that should we file a suit of partition and will that survive in the court. If you have evidence to prove that your maternal grandfather had taken a loan from you then you have the right to recover it from his properties. When a person owes a sum of amount and that amount remains unpaid after his death then his personal and ancestral properties shall be charged for the payment of that loan and his legal representative is bound to pay it out of the properties devolved to him. Your grandfather’s properties are under liability to pay his outstanding loan. Those portions of properties shall be subject to partitioned or devolved to his legal heirs which remain after the repayment of all dues. You should file a suit for recovery of money (loan) and also file a suit for a temporary injunction to stay the partition of properties until the loan is paid. You have to prove for a temporary injunction that:
  • There is a loan (right). 
  • That loan is unpaid (you have an irreparable loss). 
  • That loan can be legally recovered out of the properties of the borrower (balance of convenience is in your favour). 
You should not afraid of his blackmailing, you have the primary right in the property of your grandfather. His property cannot be partitioned without payment of all the dues. In Hindu mythology, it is presumed that legal heir must pay all the dues and liberate the soul of his ancestor from bondage.

Tags: Civil Law | Property Law

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Consult Online

Related Matters

Bank refused to obey the order of Lok Adalat

Mar 9, 2025 |

Bank refused to obey the order of Lok Adalat which was passed upon the compromise. There was a dispute regarding the payment of credit card outstanding. The matter was resolved and I deposited the amount fixed by the bank after deliberation. Then the court has…

Subsequent proceedings in arbitration matter

Feb 7, 2025 |

Subsequent proceedings in arbitration matter and challenge of award passed by the arbitrator. I want to challenge arbitral award, so I want to know how to challenge that award? There was dispute regarding enhancement of construction work. The tender was allotted in…

Civil court dismissed suit for want of jurisdiction

Jan 11, 2025 |

Civil court has dismissed suit for the want of jurisdiction and said that the suit should have been filled before the labour court. My claim was to recover money from the sugar factory who has withheld my arrears. The court expressed its view that the subject matter…

Admission in NRI quota can be changed afterwards

Dec 25, 2024 |

Admission in NRI quota can be changed afterwards if the student comes under the scheme of children of Indian workers of gulf countries? I took admission in NRI quota at very high fees. There is a scheme of the government which provides that children of workers of…

Claim related to motor accident in consumer forum

Dec 2, 2024 |

Can I make a claim related to motor accidents in a consumer forum? My father died in an accident due to reckless driving of the car.  He hired that car to travel from our home to Chennai. When the vehicle reached XX the driver stopped the car at the restaurant…