Debt

DEEPAK DHAMEJA (Querist) 25 February 2014 This query is : Resolved
MY MOTHER HAS GIVEN Rs. 65000/- TO SOMEONE.
AS A LOAN 18% INT. P.A.
MY MOTHER HAVING RECEIPT ON PLAIN PAPER.
BUT THE PERSON IS REFUSE TO PAY INT AND LOAN AMT.

AND ON THE CONTRARY SHOWING HER DADAGIRI.
MY MOTHER IS SAYING ME THAT RECOVER THE DEBT AS WELL AS INT.
SHE IS GIVING ME POA FOR THE SAME.

WHETHER I CAN FILE A SUIT AGAINST FOR THAT?

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R.V.RAO (Expert) 26 February 2014
you can take POA and file a suit for recovery.
is the receipt on plain paper affixed with revenue stamp when the loan was given by your mother if in cash form?

ajay sethi (Expert) 26 February 2014
was loan given by cash or cheque ? does receipt mention the loan amount ? do you have any document wherein interest rate is mentioned ?

contact a local lawyer . issue legal notice file summary suit

Guest (Expert) 26 February 2014
Unless there is any written commitment/ agreement about interest, your mother or you cannot recover any amount in the name of interest.

Rajendra K Goyal (Expert) 26 February 2014
What is the language of receipt and whether it is stamped having reference to loan and rate of interest.

Case can be filed on the basis of POA.

Contact a local lawyer.

DEEPAK DHAMEJA (Querist) 26 February 2014
thnaks

loan amt is in cash rs. 65000/- and it was agreed to pay int.
my mother give him loan on 16/06/2011 .
she till may 2013 paid int.
i having record of that. with her signature.

the record in english

and it was not stamped

Rajendra K Goyal (Expert) 26 February 2014
Unstamped / under stamped receipt and documents (legally required to be stamped) are not eligible in evidence in general. Without going through all the papers it is not possible to advise anything fruitful.

Consult a local lawyer.

Guest (Expert) 26 February 2014
The documents with you have no legal value without any valid agreement.

V R SHROFF (Expert) 26 February 2014
Issue Legal notice demanding your ampunt, thru ur mother.
Think of POA later.

V R SHROFF (Expert) 26 February 2014
Issue Legal notice thru ur mother's Advocate demanding your amount.
Think of POA later.

T. Kalaiselvan, Advocate Online

(Expert) 28 February 2014
The legal validity of the so called loan paper will depend upon the reply notice given by him to your legal demand notice, hence fist issue a lawyer's notice.

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