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aditya   17 May 2015

Monetory fraud by a relative...please help!!

Hello,
I have tried everything to find a solution to this problem but all in vain.This is my last resort, my last option
3 years back, my aunt asked my mother for monetory help and don't know what she said and what not, but duped my mother to help her.We have a good rapport in society so my mom got her 10 lacs from someone as a gauranter at 2% interest, without telling anyone at home. She paid the interest ( only interest) for 1 year and from the last two years, she hasn't given a single penny.She only says 1 thing - we are bankrupt and i dont have money at all.Now, the money lender is threatening my mom .The biggest problem is there is no proof at all. The amount is huge and I am just in college.
Please, I would be deeply thankful if anyone, anyone could atleast show us a path what to do.
I really feel helpess and alone in all this situation.


Learning

 10 Replies

saravanan s (legal advisor)     17 May 2015

since you dont have any proof for giving money to your aunt there is no chance for recovery also.you are bound to repay the amount

Sudhir Kumar, Advocate (Advocate)     12 November 2015

Law provides problems to the legal issues. 

Law does not provide any solution for stupidity.

1 Like

Sudhir Kumar, Advocate (Advocate)     12 November 2015

Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.

 

given facts do not justify use of word "fraud".

Your aunt had been clever enough and your mother stupid enough.

Certainly project for which loan was required was either illegal or not commercially viable so your aunt could not raise bank loan.

Certainly your aunt was not credit worthy as could not raise loan.

Still your mother arranged money for her.

 

 

Yousaid that it is 2% interest (opbviously such uncrulous interest are on per month basis which comes to 24%)

 

Sooner your mother pays the loan better it is.

 

Sudhir Kumar, Advocate (Advocate)     12 November 2015

Your descripttion is not coherent.

 

one side you say there is no proof of molney taken by aunt and other side you say that your mother was guarantor.

 

if your mother was guarantor then who was borrower. 

If your mother alone is in picture then she is borrower.

(eother way she has to refund)

 

You also did not mention whether there is a pronote or any property mortgaged.


(Guest)

Sudhir bhai ka jawab nahi.

1 Like

(Guest)

Gyan for life:  Never involve money in relations, be it friend or blood relations.


(Guest)

You may ask your mum to start asking back money from today itself, some day or other that aunt will        return it back.  But asking should be continuous.  GIve back, kab deti, de do, etc etc

Sudhir Kumar, Advocate (Advocate)     14 November 2015

Your mom may ask for refund daily (atleast till she is scolded and abused by her sister)

प्यार मिलेगा, सम्मान मिलेगा, मान मिलेगा
सब कुछ मिलेगा, पर पैसा नहीं मिलेगा

Sudhir Kumar, Advocate (Advocate)     04 September 2016

Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.

 

Such loan is taken by a person:-

 

  1. Who lacks business sence and cannot raise funds out of his own business and suddenly wants to be rich.

 

  1. who cannot raise bank loan because :-

 

Either

he himself is not creditworthy

 

Or

 the purpose for which he seeks loan is illegal

 

or

the purpose for which he seeks loan is not at all commercially viable.

 

  1.  Who knows he can afford not to refund.
  2. Who trusts his thick skin
  3. Who intends not to refund
  4. Who has made fortification against action of refund.

 

So he has to find someone who can part with his money. SO he finds a lender near him (fiend or relative)

 

Such loans are given by the persons :-

 

  1. Who has surplus money.
  2. Who displays and boasts of such surplus money.
  3. Who stupidly believe that there will be a refund.
  4. Fails to realise as to why he alone (not bank) is being contacted for loan.
  5. Who has extreme trust on the debor
  6. who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.

 

Such loans are always given

 

  1. Without documentation.
  2. Without witness
  3. Without guarantor.

 

Business started by such money  (easy money belonging to other) invariably fails.

 

Such loans always sink and not refunded.

 

 

1 Like

Democratic Indian (n/a)     05 September 2016

Originally posted by : Sudhir Kumar

Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.

Such loan is taken by a person:-

Who lacks business sence and cannot raise funds out of his own business and suddenly wants to be rich.

who cannot raise bank loan because :-

Either

he himself is not creditworthy

Or

 the purpose for which he seeks loan is illegal

or

the purpose for which he seeks loan is not at all commercially viable.

Who knows he can afford not to refund.
Who trusts his thick skin
Who intends not to refund
Who has made fortification against action of refund.

So he has to find someone who can part with his money. SO he finds a lender near him (fiend or relative)

Such loans are given by the persons :-

Who has surplus money.
Who displays and boasts of such surplus money.
Who stupidly believe that there will be a refund.
Fails to realise as to why he alone (not bank) is being contacted for loan.
Who has extreme trust on the debor
who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.

Such loans are always given

Without documentation.
Without witness
Without guarantor.

Business started by such money  (easy money belonging to other) invariably fails.

Such loans always sink and not refunded.

Sudhir Kumar Ji you have summarised the tuth very well in a few words!


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