Civil Procedure Code (CPC)

Dishonour of loan agreement


Dear Sir/Madam,

                                My Father & his sister made an agreement on 20 Rs non judicial stamp paper  in the year 2018.i.e My  Fathers sister was bedridden & under serious medication, so she took a sum of Rs 1, 50, 000 for her medical expenses in cash, by keeping her ancestral property as security & promised my father to release her rights in ancestral property  upon further paying  50,000 Rs . However she died  unexpectedly during medical treatment without returning the money & releasing her rights in October 2019.

Now one among her legal heir does not want to release his rights to my father. In this case how my father can take legal action against them ? 2 other legal heirs are willing to execute any agreement for accepting the consideration taken by their mother.Kindly give us your legal opinion what can we do further ?

 
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Send a legal notice and if he doesn't agree even thereafter then file a suit. Feel free to contact at sunayana122@gmail.com for further assistance.

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Lawyer

It was an unregistered agreement which can not be termed as "mortgage" to have claim over the property of deceased.

Better to settle the matter amicably.

The agreement can not be exhibited and read as evidence for loan.

Consult a local prudent lawyer with all relevant documents for proper analyses, professional guidance and necessary proceeding. 


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Advocate

The legal heirs are liable to make good the the money that the lent by your father. But the facts posted do not suggest any vested rights for your father to acquire rights of the deceased  in the property.


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