Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

pandian (Manager)     12 February 2016

Debt harrasing

Dear sir/Madam,

My fathers brother (Muni) borrowed money from a guy(RAJA)  (rs1,50,000) in the year 2000 for his personal expenses. There is no documents for the debt. my uncle passed away on 2013 till then that guy(raja) has been threatening us regarding the debt that we have to pay a amount of 12 lakhs  for my uncle debt . My father didnt give any guarantees during the transaction. Do we have to pay the money ? Can he file a case in the court .

Please give me a suggestion.

Thank you 



Learning

 3 Replies

I.S.Roy,Advocate (Advocate)     13 February 2016

Dear! you need not pay because even if correct document may be in existence even that debt also time barred  but regarding threatening better contact genuine and good criminal side practice  advocate and filed criminal case for threatening and more over at that time do not admit any debt but tell everything was cleared even to your advocate otherwise the advocate will demand more . Off course I am also advocate  but my nature of consultancy is to protect my client

 

With regards

I S Roy, Advocate


(Guest)

no need to hire a advocate for the above and waste your money and advocates times, for these silly threats.

just file a police complaint

if no action, file a RTI and get a FIR registerd. and send an email and cc upto ADGP level

police will take care of the rest.

if i were you, to make this game interesting , i will say that your uncle has  given a settlement to him more than what he owed before his death and tell him you need that back with all the interest back.

 

G.L.N. Prasad (Retired employee.)     13 February 2016

I do not find the relevant details.  Is your family undivided and joint family with your uncle and your father doing business undividedly.  What is the purpose of advance ?   Inform whether in any way is your father  concerned with such uncle's transactions.  Whether your uncle is having legal heirs ?  Have your father inherited those assets purchased out of the money borrowed ?

(All this if the debt is within limitation period of three years. The debt became stale by 2003.  I do not understand as to how the lender kept quiet for 13 years during your uncle's life time and three years after his death, and now the reasons for bringing on pressures when the debt has  hopelessly become barred by limitation period.  No wise business lender can threaten like this, unless there is some undertaking or acknowledgment from your father.  Has your father got any moral responsibility ?).


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register