Dispute over promissory note

shaik khasim vali (Querist) 05 December 2015 This query is : Resolved
respected sir,
my father aged about 75 yr,is a retired group-iv railway employee,2yrs back a person borrowed money from my dads friend,my dad just given an assurance on behalf of that person,now he turned into insolvent person,my dad signed in the promissory note,now he send court notice to my father,what can we do now,kindly give suggestion to me, my fathers source of income is only his monthly pension.

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Sudhir Kumar, Advocate (Expert) 06 December 2015
YOUR FATHER HAS TO PAY.

His pension cannot be attached but his other property can be attached. Liability can be fastened upon the successors as well.

Rajendra K Goyal (Expert) 06 December 2015
Your father is liable to pay.

shaik khasim vali (Querist) 08 December 2015
sir but my father is not having any property on his name,our lawyer said there is a way of sending ip notice,kindly clarify is there any legal hurdles before us?let suggest me what is the way forward,how can i approach forward in this case..........

Sudhir Kumar, Advocate (Expert) 09 December 2015
consult your lawyer who knows full facts and has seen all papers.

giving part facts here will not help.

K.S.Srinivas (Expert) 11 December 2015
Yes. Go according to the advice of your advocate.

T. Kalaiselvan, Advocate (Expert) 13 December 2015
Your advocate has advised to file IP, see if it is worth enough you may proceed otherwise challenge the case and file a memo stating no means to pay.

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