Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ajay Sharma (NA)     26 January 2014

Loan without written agreement

Hi,

Divorce case is ongoing with my wife. In 2011, my sisters transferred some amount (5 lacs) to my wife's account, this amount was originally given to my sisters who needed some money, in the form of cash after selling one of our property, however there is no proof of cash transfer to my sisters.

After my sisters transferred the amount to my wife, we bought a property in joint name. Now my wife is claiming 100% share in the joint property. In my reply, I mentioned that my sisters have provided a friendly loan to me and my wife and attached the proof of transaction by cheque.

Can my sisters sue my wife for payment of loan paid by them into her account? We do not have any written agreement.

Also if I sign a loan agreement with my sisters and promise to pay along with my wife, will it be a legal document. even if my has not signed it.

Instead can I say I am the joint borrower and confirm the verbal agreement, will that work.

 

Regards,

Ajay



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 January 2014

Any agreement fulfil the following by both the parties.
1.The act of agreeing or of coming to a mutual arrangement.
2.
the state of being in accord.
3.
an arrangement that is accepted by all parties to a transaction.
4.
a contract or other document delineating such an arrangement.
5.
unanimity of opinion; harmony in feeling: agreement among the members of the faculty.

Sudhir Kumar, Advocate (Advocate)     26 April 2014

you wife has not signed agreement and when any divorce case is there you cannot fasten any liability on her by signing a loan agreement with your blood relative without her knowledge and consent


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register