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Aftab4u (PVT EMPLOYEE)     20 December 2009

Promissory Notes Validation

Dear All,

A small query :

My friends mother who was a working in a govt sector has recently passed away , now the problem is that the people who are the neighbours and working in her office premises started to visit my friends house and showing the promossiory notes on which she has taken the amount ( There is no information to my friend and any one of her family members ) regarding the same and there is no surity signature on the said notes.

As my friend is all alone and he is no way concerned to the said amount as he is working in a good reputed organisation and he is not at all aware regarding the said amount....They are showing the cheques ( No names , dates mentioned ) on that only amount written and signed by friends mother.They are showing the prmosiory notes and harassing my friend to clear the said amount or else they will file a case against him in the court.

Needs ur valuable guidence : if suppose she has taken the loan also those people doesnt have valid licence to do the business , and they have given the amount or loan with out the knowledge of my friend ,  there is no valid proof regarding that she has taken any amount from them except the b;ank cheques and promisory notes.

when they have not approached when given loans , amount etc when she is alive , then how come they can harass my friend to pay the amount...... Some of the employees are Working in a Govt sector and doing illegal business.

 

Pls advice for further action.

Aftab



Learning

 3 Replies


(Guest)

Dear Aftab4U,

If mother or father took any loan from others by giving any promisary note or cheques, when they expire their legal heirs liable to pay the loan amount. If witnesses signatures didn't found on the promisary note, cheques are evidence that she has taken loan from them. Custody of cheque leafs are very important. How did they get cheque leafs? If any doubt about signature on the promisary note, it is better to send forensic lab for genunity of her signature.

Devajyoti Barman (Advocate)     21 December 2009

Your friend need not be worried at all as in view of the unsecured loan(Presuming she indeed took loan) there is no legal liability on your friend to repay the debt.

Gundlapallis (Advocate)     21 December 2009

Unless the socalled creditors can establish such and such property is inherited or transfered to your friend from his mother's estate after her death, he need not worry about these claims of unsecured creditors. 


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