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Ajay (None)     18 July 2014

Civil cases

Dear All,

My father was a state govt employee and committed suicide and  written a suicide note on 14-July-2013.My father died  due to heavy debits that he has taken from other people which is around 1 crore and my father has executed promisory notes for those people.My father did not told us about these matters until all the people came to our house  requesting their money.We have a property of house of around 50 lakhs rupees.

After 11 days of my father's death 2  people  went to court and they have sent us the (attachment before judgement)  on the house and also they have filed suits on my mother -1 me-2 my two sisters 3 and 4 and also on my grand mother-5. I have called all the people who has given the money to my father and requested them to not to go to the court and I said them that I will sell the property and share the amount to the money lenders.

But some people have not listened and now 14 persons have filed suits on us and in which 6 of them are (Attachment before judgement cases).

I went to an advocate and our advocate is dealing the cases .

Sir, It has been one year now and 5 of the cases are at trail stage .Our advocate  suggested us , that we have  to apply for a petition to the court and we have  request the court to sell the property and share the amount to the money lenders and he said that it will cost around 4 lakhs rupees for  court charges and the fee to him.

But we don't have that much money now and it would take me around 8 months to  adjust that money  and we said same to our advocate .Our advocate said that mean while  if  court gives "Decree" order on us then  we will be in difficult position.

What will happen if court gives "Decree" on us ? Or after allocating money should I file a pettition in the court.

Sir, I request you all to please provide your suggestions.



Learning

 1 Replies

Isaac Gabriel (Advocate)     27 December 2014

If you decide to settle the debts by selling the house,you can do it by selling at market rate to the prospective purchaser and settlle the debtors. You can save to geater extent.[ and settle the debotrs out of court.


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