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Sudhir Kumar, Advocate   24 May 2025 at 17:07
In Reply To :

Friend not returning money

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:-

(i) Who lacks business sense and cannot raise funds out of his own business and suddenly wants to be rich.

(ii) 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.

(iii) Who knows he can afford not to refund.
(iv) Who trusts his thick skin
(v) Who intends not to refund
(vi) 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 (friend or relative)

Such loans are given by the persons :-

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


Such loans are always given

(i) Without documentation.
(ii) Without witness
(iii) Without guarantor.
(iv) During cordial relations

Soon after giving such loan :-

(a) Relations are no more remain cordial
(b) Business started by such money (easy money belonging to other) invariably fails.
(c) Such loans always sink and not refunded.
(d) Person seeking such refund suffers at legal process.
(e) Person seeking such refund legally or by persuasion is socially criticised.


Sudhir Kumar, Advocate   24 May 2025 at 17:02
In Reply To :

Treatment of suspension period as eol - reg.

Reading of CAT order will clarify as to what facts are and what more facts you need to share.

please post OA No date of decision and the bench of CAT.

Sudhir Kumar, Advocate   24 May 2025 at 17:00
In Reply To :

My cibil report is wrongly written off

As far as time i concerned it is unfortunate that consumer courts are taking larger time than civil courts.

In your case as well as the jurisdiction is concerned you can file case :-

i. the pace where India office of the bank is located.
ii.the place where the contract between you and bank was created
iii,the place where the contract between you and bank was violated.
iv. the place where you received loss of unfair trade practice.

T. Kalaiselvan, Advocate   24 May 2025 at 14:54
In Reply To :

Undivided ancestral land, if more than 80% wish to sell

If one of the shareholders is refusing to cooperate for selling the property then the other shareholders do not have any option other than filing a suit for partition and on the basis of the court allotment of their rightful shares, they can either sell their shares individually or joining the others who are willing to join them for a joint sale of their respective share in the property.

hithen   24 May 2025 at 14:51

Undivided ancestral land, if more than 80% wish to sell

my grandfather own agricultural land and house in alibag, total area 36,000 Sqft .He had 9 legal heir, After his death all his legal heir names has been added to the 7/12 extract, my uncle and his family is occupying the land and house, Uncle had deleted my grandfather name from Ghar Patti( House Assessment document) and added himself and his wife name without our consent. Now uncle has deceased, I and other 6 members ( co owners) are requesting uncle wife for partition,but they refusing, Can 7 members sell their right.


 
 

Dr. J C Vashista   24 May 2025 at 06:16
In Reply To :

Inserting certain clause in the appointment letter

Very well analysed, opined and advised by learned senior expert Mr. T Kalaiselvan, I endorse and appreciate his acumen.

T. Kalaiselvan, Advocate   24 May 2025 at 01:02
In Reply To :

Required draft noc for installation of solar panel

Firstly you should have posted the further queries in the same thread and should not have opened a new thread for further queries of the same subject.
Secondly, you can engage the services of an advocate either from this forum or in the local for the purpose of drafting and guiding you further, on the terms of chosen advocate