Pravin Sharma (Sr. Testla) 16 February 2014

Is son liable to pay fathers loan to a relative (uncle)

Hi,

This is my story. My father took money from my paternal uncle (chacha) for repaying house loan in 2001. They also did business together and due to some misunderstandings, they split up. My chacha got an affidavit signed from my father that he had borrowed money and will repay him in monthly installments of 10,000 in year 2003. Four months after this incident, my father died. Myself or my mother didn't sign any affidavit and we dont have any clue on what happened between brothers. We even dont know how much money was taken or repaid back. Our chacha claims money of 7 lacs. However, we sold our flat last year and shifted to new place. As soon as we informed our chacha, as a relative will do, he started troubling us to pay the money back which my dad borrowed. Since he was a family member, I told him (emailed and sms) that I will pay him money back in EMI of Rs. 3000 and will return only the money that my dad borrowed for housing loan.

He is now threatining myself and my mother with legal proceedings. He says that my email as SMS will serve as a proof and he is going to reinstate money along with interest for 10 years.

Can anyone guide me on what happens in this type of cases? Will court ask me to sell my new house and repay him the money? Or Do I have to pay him full amount back of 7 lacs which he is asking for? Do I have to pay him interest too?

Please advice.

Reply Follow

10 Replies

adv.raghavan (Advocate,9444674980) 18 February 2014

Let me know the email contents.

Pravin Sharma (Sr. Testla) 18 February 2014

Following is his email

note that within next 15 days from today(15/2/2014)I am going for legal with proof for your information following document as proof avbl. With me
1)original affadavit signed by Ramesh kumar Sharma at mulund court duly registred saying how much load taken from me and re payment schedule.
2)bank pass book entry avbl.
3)your SMS saying that I wl pay Rs.2000.00 fm dec2013
4) your chat msg. U can read at your end what u wrote to me.
5) eye witness person
I am giving time b/4 going for legal t/4 if u r ready for settlement let me know within given time.

adv.raghavan (Advocate,9444674980) 18 February 2014

with the available documents your uncle can go for money suit, making you party to the case, but he succeeding in that case will be a difficult one.

Pravin Sharma (Sr. Testla) 18 February 2014

For the sake of honesty, I dont have problem in paying him the money. But he is claiming too much and I am the only bread earner at my home with family of 3. Also, I am not aware of any transaction happened between him and my father. Out of the money he is claiming of 7 lacs, can I pay him only 50% (3.5 lacs) in EMI's of Rs 3000 each. Can court make that kind of settlement. The reason why I am asking is because he is not ready to do this kind of settlement when I requested him via email. He is threatning that he will take the full money alongwith the interest.

adv.raghavan (Advocate,9444674980) 18 February 2014

As i said earlier, his chances of winning the case is dim, do not commit anything now, let the proceeds begin he will fall in line.

Biswanath Roy (Advocate) 18 February 2014

YOU ARE LIABLE TO PAY YOUR FATHER'S DEBTS TO THE EXTENT OF HIS COMMITMENT APPEARING IN THE AFFIDAVIT NOT A SINGLE RUPEE MORE NOT A SINGLE RUPEE LESS. PROVIDED IF YOU ENJOY DECEASED PROPERTIES LEFT BEHIND AS OWNER THEREOF.

Pravin Sharma (Sr. Testla) 19 February 2014

Thanks everyone. I guess I will wait for him to file the case. Actually the affidavit is time barred too. It was signed in 2003 and now its 2014.

Also, about the property, he didn't help my father buy the property. He just gave him the money to complete the home loan I guess. The only solid proof he has is my email that i sent him regarding paying him 3000 per month.

T. Kalaiselvan, Advocate (Advocate) 19 February 2014

I think you are knowing law better which can be seen from the way you expressed that the claim is time barred. In fact your sms has renewed it and given life to the dead loan. Anyway, you can always disown the sms or email asking him to prove it and can disown the same. Let him file the suit, challenge it.

shanmugam lakshmanan (senior) 20 February 2014

Dear sir, as Adv. Kalaiselvan rightly said the alleged debt is time barred. In this regard fellow advocates given enough advice. You don't invite trouble yourself.

Pravin Sharma (Sr. Testla) 21 February 2014

Thanks everyone for your valuable inputs.

Yesterday, our uncle called us and said he will not be filing the case if we do settlement with him and he will handover all the documents signed by my father and will be signing the affidavit for settlement. He is asking for amount of 2 lacs out of 7 lacs for which my deceased father signed for settlement and closing the matter full and final.