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General Legal Query India · 21 Jun 2025 · 8 views

we are three brother took home loan , constructed two portions , one of my brother put lock to one portion and not paying emi what to do

N. Asked by N. Santosh Kumar from India

Legal Information

Below is a comprehensive legal analysis based on Indian law for your question.

In this scenario, since all three brothers took the home loan together, they are jointly liable for the repayment of the loan. Therefore, if one brother is not paying their share of the EMI, the other brothers will still be responsible for the full repayment amount.

To address the situation, you can consider the following steps:

1. **Communication:** Start by having a conversation with your brother who is not paying the EMI. Try to understand the reason behind his actions and see if a resolution can be reached amicably.

2. **Legal Notice:** If communication does not yield results, you can consider sending a legal notice to your brother demanding payment of his share of the EMIs.

3. **Partition of Property:** If the issue cannot be resolved through negotiation, you may consider initiating legal proceedings for partition of the property. This would involve dividing the property into separate portions so that each brother has their own share and is responsible for their own portion of the loan.

4. **Consultation with a Lawyer:** It is advisable to consult with a lawyer who specializes in property and banking laws to understand your legal rights and options in this situation.

Remember that each brother is jointly and severally liable for the repayment of the loan, so it is important to address the issue promptly to avoid any negative impact on the creditworthiness of all the brothers.

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.