personalloan
Querist :
Anonymous
(Querist) 08 January 2011
This query is : Resolved
sir ,this is raju frm hyd.my father who worked as a subinspector of police in police dept.he has taken aloan amount of 1.3lakhs from canarabank in 2003.his subortinate is given witness for the loan.my father expired in 2007.after his retirement.we dont know about the loan.but the canara bank has given me a notice on 3 january 2011 to give explanation in the court...what do u suggest me.how i can proceed.""DOES THE COURT GIVE ANY ATTACHMENT FOR WIDOW PENSION? to recovery the money.or if the period of time is baared to pay the loan?
Swathi S Bhat
(Expert) 08 January 2011
Sir,
You are the legal heir of your father. So the burden of clearing the loan lies upon you. Plz attend the Court and file a vakalath through a local lawyer. The period of limitation is 3 years for the recovery of money, which normally runs from the last date of payment of installment. The Court will not pass an order for attachment of Pension.
Advocate. Arunagiri
(Expert) 08 January 2011
repeated query. You got the reply in that query, why you are posting the same in a different link?
Guest
(Expert) 08 January 2011
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com
REGARDING THE LOAN ARREARS OF DECEASED FATHER ,AND NOTICE SENT BY BANK TO FILE WRITEN STATEMENT IN COURT.KINDLY NOTE THAT.
1.AS PER PROVISIONS OF CIVIL PROCEDURE CODE THE LIABILITY OF LEGAL HEIR TOWARDS AMOUNT OF LOAN ARREARS IS LIMITED TO THE EXTENT OF AMOUNT RECEIVED BY SUCH LEGAL HEIR FROM THE OFFICE OF HIS DECEASED FATHER TOWARDS RETIREMENT BENEFITS OF SUCH DECEASED PERSON.THERE ARE SEVERAL OTHER DEFENCE POINTS YOU MAY TAKE DEFENCE OF LIMITATION PERIOD UNDER LIMITATIONS ACT.THE INTEREST AMOUNT WILL BE AS PER THE PROVISIONS OF LAW OF LIMITATIONS.
KINDLY NOTE THAT RECOVERY FROM DUES OF DECEASED GOVT.EMPLOYEE IS NOT THAT EASY FOR ANY BANK.I HAVE DEFENDED SIMILAR MATTER OF DECEASED CENTRAL GOVT.EMPLYEE WHO HAD TAKEN LOAN FROM COOP SOCIETY AND THE SAID SOCIETY HAD GOT EXPARTE ARBITRATION AWARD FROM DELHI.AND IN EXECUTION PROCEEDING ATTACHMENT OF SALARY OF WIFE OF DECEASED WAS ORDERED BY THE SAID ARBITRATOR.OF DELHI COOP SOCIETY.I APPEARED IN DELHI HIGH COURT DB,AND STRONGLY ARGUED THE WRIT PETITION,THE SAID ARBITRATION AWARD WAS QUASHED BY REDUCING THE RATE OF INTEREST FROM 18 % TO BANK RATE OF 10 % P.A.AND ALSO QUASHING PENEL INTEREST ,AND DELHI HIGH COURT DIVISION BENCH ORDERED AND THE SAID ORDER OF ATTACHMENT OF SALARY WAS ALSO MODIFIED, GIVING REPAYMENT PERIOD OF FOUR YEARS AND QUASHING THE ARBITRATION COST OF RS.10,000/-
SO DEFEND YOUR MATTER STRONGLY YOU WILL SUCCEED.GOOD LUCK.
2.YOU BE CONFIDENT AND ON FIRST HEARING APPEAR IN THE COURT AND FILE VAKALATNAMA OF THE LEGAL EXPERT AND PRAY FOR TIME AND NEXT DATE TO FILE DETAILED WRITEN STATEMENT FOR COLLECTING DETAILS FROM THE OFFICE OF THE DECEASED FATHER AND FOR PRODUCING CERTIFIED COPIES OF SAID DOCUMENTS IN THE COURT.YOU WILL SUCCEED .
3.YOU MAY SEND DETAILS OF THE COPY OF SAID CASE FILED IN THE COURT BY E.MAIL.WILL SEND YOU DETAILED REPLY AND POINTS OF DEFENCE.BE CONFIDENT AND DEFEND THE MATTER STRONGLY.YOU WILL SUCCEED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
YOURS SINCERELY
NANDKUMAR B.SAWANT.ADVOCATE
Kirti Kar Tripathi
(Expert) 09 January 2011
yes, repeated query. however, it is made clear that the pension of widow can not be attached as it is immune from attachment or recovery.
Amit Minocha
(Expert) 09 January 2011
pension of widow can not be attached
