Money borrowed from Ex-Fiance dad
Nafees
(Querist) 09 April 2016
This query is : Resolved
Respected Sir/Madam,
I need ur suggestion and expert legal advice for a situational based query.
One of my cousin got engaged with a girl and after engagement he needed financial help so his fiance's dad lended him some money without doing any kind of paper work like preparing a promissory note on a general stamp paper and all.
Then one year later due to some family problems his engagement got broken and his Ex-Fiance dad demanded to return the money which he lended to my cousin so he told him that he will return it after doing savings. He has returned more than half amount of the total borrowed money but due to some current financial crisis his family is going through he was unable to return the remaining amount but he has given the assurance to his Ex-Fiance dad that he will return the amount as soon as things will become normal but then also his ex-inlaws keep troubling him and his parents by calling and giving taunts to them day n night and warning them that if money is not returned then be ready to face the consequences and by saying this they meant to say that they will recover the money either by hook or by crook.
My cousin and his parents feels quite scared and embarassed with the constant warnings from his ex-inlaws. So I want to know that in such scenario what shud my cousin do? Can he approach the police on this matter?
And from the other point of view can his Ex-Fiance dad or their family members can take legal action against my cousin for non payment of the remaining borrowed amount Inspite of the fact that my cousin dint sign any bond or promissory note while borrowing that money and it was given to him by his Ex-Fiance dad on mutual understanding basis when they were engaged...??
Kindly revert with possible solutions.
Regards,
Nafees
(Querist) 09 April 2016
Please let me know ur feedback and proper suggestions for such scenario.
Devajyoti Barman
(Expert) 09 April 2016
It is quite normal for the ex-in laws to demand their legitimate dues.
It is sheer goodness on their part that they tolerated you for so long by giving time.
Now repay their money in one shot and move on in life.
They are expected to do this act.
Rajendra K Goyal
(Expert) 09 April 2016
There is no reason why police should help. He has taken money he should pay it back. It was un-ethical / illegal to take money from parents of fiancee without any written agreement. It can be termed as dowry.
The law is pro-women and helpful for ladies side.
Nafees
(Querist) 09 April 2016
Financial help was taken by cousin for studies purpose as he wanted to do some professional diplomas related to his career and he was unable to do the arrangements of the deaired diploma fees amount that's y his Ex-Fiance dad lended him money. So there was nothing related to dowry n all in that situation. Above all he dint approached his Ex-Fiance dad for financial help but he upfrontly offered n insisted my cousin to take the money. And my cousin intention is clean as he had already returned more than half amount of the total borrowed money but due to current financial crisis he's unable to do savings to return the remaining amount.
Sudhir Kumar, Advocate 
(Expert) 10 April 2016
You are admitting that there was engagement.
You are admitting that boy had not even completed studies.
You are admitting that in-laws were expected to finance his studies.
You are admitting that financial help was there from in-laws
You are admitting that engagement failed.
You are admitting that it failed due to financial problem.
WHAT ELSE DO YOU THINK THAT DOWRY IS?
WHY HE COULD NOT SECURE EDUCATION LOAN FROM BANK.?
WHY THE FAMILY COULD NOT SELL PROPERTY FOR HIS EDUCATION WHICH THEY WILL NOW BE SELLING TO DEFEND DOWRY ALLEGATION.
BECAUSE THE FAMILY FOUND A GREEN PASTURE (CALLED SASURJEE) WHO COULD BE TWISTED LIKE A TAP.
ALL THIS WAS IN CONSIDERATION OF MARRIAGE WHICH DID NOT TAKE PLACE.
Given facts do give a strong impression that in-laws were not able to fill further greed of dowry and engagement broke and you people are not even returning the money given by them
The other side appears to be more gentle that they should.
They have only come down to the level of taunting (which is also their legitimate right)
By now all family members would have been on bail after spending good time in jail and running after and feeding lawyers.
YOU CAN AFFORD TO AVOID FORTHWITH PAYMENT BECAUSE
(i) YOU DO NOT PERHAPS KNOW HOW MUCH A GOOD LAWYER CHARGES
(ii) FEE FOR BAIL APPLICATION IS ALWAYS CHARGED FORTHWITH 100% ADVANCE.
(iii) FEE FOR BAIL IS CHARGED EVERY TIME SEPARATELY EACH TIME AFTER REJECTION OF EARLIER) WHETHER IF IT IS GRANTED OR NOT.
(iv) FEE FOR BAIL IS CHARGED PER FAMILY MEMBER
(v) FEE FOR BAIL IS CHARGED WITHOUT PROMISE OF DEFENDING. FOR CONTESTING THE CASE SEPARATE FEE IS CHARGED PER FAMILY MEMBER.
(vi) STILL THE MONEY OF EX-INLAWS HAVE TO BE REFUNDED WITHOUT WHICH COURT MAY NOT ENTERAIN BAIL APPLICATION.
Sudhir Kumar, Advocate
(Expert) 10 April 2016
funny :-
(I) AUTHOR EXPECTS POLICE TO HELP HIM IN AVOIDING PAYMENT.
(II) HE SAYS INTENTION OF HIS COUSINE IS FAIR THOUGH HE IS YET TO REFUND THE ENTIRE ADVANCE DOWRY.
P. Venu
(Expert) 10 April 2016
It is my considered opinion that the stature and dignity of this forum requires that the experts need to restrict their suggestions to the legal elements of the query than indulge in moral or value judgments of their queriest or their relatives on the basis of assumptions and presumptions.
Yes, the factual requires that queriest's cousin and/or his family should settle the outstanding amount at the earliest. However, that does not mean that the other party has the license to take law into their hands. Obviously, a police or criminal proceeding lies against the person who violates the law. However, such a course may boomrang as the other party may indulge in a counter offensive.
The choice is with the queriest's cousin.
Nafees
(Querist) 21 April 2016
I totally agree with P. venu. The reason I asked for suggestions and feedback on this matter is bcoz my cousin family is receiving life threatening calls from his Ex-Fiance family members as the girl's father warned them that if they won't return the remaining amount asap then "Hum woh paise apne Tareeke se Vasool karege that is either by hook or by crook".
Then my cousin family started receiving calls from unknown numbers and person demanding to repay the debt or be ready to face the consequences. And my cousin family are not sure if someone from his ex-inlaws are calling them or have they really opted or hired some kind of Gunda as a recovery agent to recover the money...!!
That person keeps calling them day n night and warns them that "agar paise return nahi karoge toh tumlog ka jeena haraam kardunga, tumhare bete ka hands-legs break karunga".
This was the reason y their family was scared and was thinking to take help from the police to find out the identity of those unknown callers who keeps giving badwords and warnings to his family regarding the debt.
And I'm a son-in-law of a Senior Police Inspector but I haven't discussed this matter with my father-in-law yet bcoz I wanted to take some legal experts advice first and then decide how to help my cousin family.
Nafees
(Querist) 22 April 2016
Respected Sir/Madam,
Now please advice on how to deal or tackle with this situation in a proper legal manner.
Kindly revert with suitable explanation.
Regards,
Nafees
Nafees
(Querist) 14 August 2016
Query resolved and remaining outstanding money has been settled. Hence no further suggestions or advices needed. Thanking all the experts and especially P.Venu to provide a proper response n feedback to my situational based query..
