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Yasmin   05 March 2017

Insolvency petition - creditors asked daughter to pay credit

Hi Sir / Madam, My mother filed insolvency petition as she was unable to pay to the creditors..She was running chit also she borrowed amount for highest interest rate nearly 6 rs interest for 15 days ...Around 7 lakhs she was paying to creditors as Interest alone per month. When she don't have amount she took it from chit and paid to creditors so at the end she was unable to pay chit persons as totally locked by creditors. Court hearing is on March 15, 2017. She have two daughters .I am the one who is married and having baby , working in IT company. And I have sister who is studying 5th standard. We do not have any assets and bank balance even I took 10 lakhs loan to support her.Now the thing is after filing I.P creditors comes to my home and torturing us also asking me to pay and saying that they will create false proofs against me and will not let live . Also they are telling like they will file wrong case and that will take 10 years to me to prove that is wrong .. One of the lady who have good political support and police support is torturing us. Please guide us how can we handle this situation ? Two of her lawyers also torturing us and ask mom to surrender ... She filed I.p already and wanna prove that stories made by people are wrong ... That lady induced everyone saying that we have cash and apartments jweles etc etc... I would like to prove everything and wanna show the truth.. Can anyone suggest me legally please ? We don't have amount to pay lawyers :( Already paid enough and got much troubles ... Thanks, Yasmin A


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 11 Replies

Suri.Sravan Kumar (senior)     05 March 2017

According to my opinion since your Mother is only running the chit business, she is only liable to answer the creditors. She has already filed IP in the court which is pending as such the creditors have to wait for the judgement. If they are harassing you, you may file complaint against them in the police station or file injunction suit against them.

Yasmin   05 March 2017

Thank you for your advice sir .Already in local police station I have complained about her. The lady who is harassing us saying that she have many persons in dcp office and SP office and saying like she will include me also in chit and will file case against me ..She was telling that it will take atleast ten years to prove me that she is wrong .. Also she gave amount to our own advacate now they are with her.We are helpless now. Also she tells that she will put mom under gundar act? Will it possible ?

(Guest)

Anything is possible.  Please be cautious.  Hire able advocate.

Ms.Usha Kapoor (CEO)     05 March 2017

You approach District  Legal Services   Authority to provide free  Legal Aid they would depute an able lawyer from AMONG  A PAMNEL OF  LAWYERS TO RENDER FREE LEGAL SERVCES TO YOU.ALSO YOU AND YOUR MOTHER CQN FILE Puper suit expressing your incapacity to pay court fee.You can file  an injunction suit also  to restrain the creditors from troubling and torturing you till the final disposal of  I.P.

Yasmin   05 March 2017

Thanks Usha Kapoor Mam. Will do that one

Yasmin   05 March 2017

Thanks Usha Kapoor Mam. Will do that one

Yasmin   05 March 2017

Thanks Usha Kapoor Mam. Will do that one

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     05 March 2017

Madam,

 

Kindly clarify whether there was any asset transferred by your mother to you. Or, whether any asset was purchased by you from your mother in the last few years. As per the extant legal aspects, only if the children inherit any assets/amount from their parents, such children are liable for the liabilities of their parents to the extent of the assets/amount they inherited.  However, the onus of proving that the children did not inherit any assets/amount is on the children.  Therefore, please ensure that there were no dealings between you and your mother by which she was shown not having assets at all and hence filed insolvency petition. Because, the creditors may file a case in the courts of law alleging that assets were transferred to others (including yourself) and your mother filed IP.  Please ensure that there is nothing wrong on your part as stated above before approaching authorities and taking punitive action.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     05 March 2017

Another point is whether you are part of the chit business in any manner like canvassing etc. Whether you have signed any documents relating to chits. This information and the information earlier mentioned by me are not available in your query.

 

Kumar Doab (FIN)     05 March 2017

Record all such threats (audio/visual).

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     15 March 2017

Collect proof and file Complaint with Police.


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