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My father and I took a home loan to construct a two-storey house. I am the primary applicant and pay the full EMI, while my father is the guarantor. Due to family disputes, my father has asked me to leave the house, although the EMI continues to be auto-debited from my account. I cannot stop the payments without affecting my CIBIL score. Meanwhile, my younger brother stays in the house without contributing. What legal options do I have? Also, since the original property documents are with the bank, can my father still transfer the property to my younger brother through a will or Power of Attorney? Can I later use such documents to recover my EMIs?
You can send a legal notice to your father asking for reimbursement or your share in the property since you are paying the EMIs. He cannot transfer the house to your brother without the bank’s permission while the loan is ongoing. You can also file a civil suit to claim your financial interest. For further legal assistance contact us on our helpline number.