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Babu (business man)     03 April 2012

Reply procedure to legal notice

 

Sir,

My father had 5 acres of land in his control for his expenses and he lives along with my younger brother in my native village. my father is completely in bed since 2008 onwards.My brother has sold out some common properties without any intimation and also kepy some ornaments in bank for loan. My father was died in sept 2011.Recenly i have recived a notice from an unknown person that he has given Rs 4 Lakhs as loan @ 24%pa to my father in year 2009 for medical expenses. He has sent same letter to my brothers.Now he has asked for repayment.  I am fully unaware of it. I've asked my younger brother about this. My brother is saying he has taken it for my father medical expenses. But he has never said about it before and Iam sure all this is fake. 

Now my queries is "In what way i have to respond to legal notice"

pls reply



Learning

 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     03 April 2012

You are liable for your father's debts, only insofar as you recieve ancestral property from him in inheritance, in equal respects as your brother. If you think that this loan transaction is a farcical transaction, then deny it outrightly. The plea to be taken in reply can be suggested after having a look at notice. Consult a Local Lawyer

Arvind Singh Chauhan (advocate)     03 April 2012

Nothing left after the opinion of Mr Chug.

Babu (business man)     05 April 2012

Sir,can i give my own reply to the lawyer's address which was mentioned in the notice. or i have to contact any lawyer to give my reply

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 April 2012

24% per annum is usurious rate of interest. Is the person a regular money lender or a banker? I think that there are laws about lending maney and interest that can be charged.

Mahadeva Rao G (ADVOCATE)     02 May 2012

Dear sir,    there are two issued  mixed in this.

Firstly  Your  father  having  control over 5 Acres.   Does it mean  he  has  purchased the property and  he was   the absolute  owner  in possession and enjoyment  of  the  aforesaid 5 Acres.

Secondly,   your  brother  selling some  COMMON   properties ?   How did  he do that,  was there any  GPA        ( registered )  given  to him to execute sale  deed on your fathers  behalf  ??      Without   acquiring any kind right  OR   title   over the property  your  brother  cannot sell it  whether  it is movable or immovable properties.

Now  after  Sept 2011  i.e, after  death of  your  father   HOW MANY  LEGAL HEIRS   have inherited the property in question. 

YES,   ONLY  IF   IT  IS  PROVED IN COURT OF LAW  THAT  your  father  has  taken  a  loan  or he is  indebted  to some one  lawfully,   In   that  case  all  legal heirs  are liable to  repay the  LOAN / DEBT   incurred by  your deceased father.  Pls  note  that -  NO LEGAL HEIRS   have  to shell out  money from their  self  earned  assets.      THEY WILL BE  LIABLE  to pay  ONLY  TO  THE  EXTENT  OF  INHERITANCE   FROM  THE  DECEASED  ESTATE & MOST  IMPORTANTLY  the  court of Law  should  pass an order to such an extent   making  the legal heirs liable.    The  ONUS  of  burden  is  purely  on  the  so called  SHAM CREDITOR ( as per your narration )  to fight  out a  successful  legal battle  for recovering  the money   lawfully  from  LEGAL HEIRS.

As per legal notice is concerned  I strongly  advise you  to  take professional  help  from  Advocates  and  send   technically  strong  reply notice immediately  to avoid  any  future complications. 

For any  further  clarification and   professional assistance  you can write to me on sohan1912@rediffmail.com  or  cal on 9845285555  in Bangalore.

 

With Warm Regards,

MAHADEVA  RAO G,

ADVOCATE,

BANGALORE.

John (Executive)     03 May 2012

You are liable to your father's debt if you live with him or get your ancestral property form your father.

 

18 wheeler lawyer

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