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Karandeep singh (HR)     17 September 2013

Is father liable for debits of his son under section 138 nia

My son left house about 13 years back ,earlier he used to visit once or twice a year,now that has also stopped for last 6 years.

Lately he is convicted under section 138 NIA ,whereas the police are regularly visiting ,us and telling us to produce the the individual in court.Me and my wife are being harassed.

can you suggest me solution for this.



Learning

 8 Replies

Kolla Gangadhar (Practicing Advocate since 1986)     17 September 2013

You file complaint before State Human Rights Commission.

Kumar Doab (FIN)     17 September 2013

Explain the matter in writing under acknowledgement, even if by email to SHO, Commissioner of Police narrating the visits by police……………………..You may mention dates and names of police officials………………….. 

Ms.Nirmala P.Rao (CEO)     17 September 2013

Dear Client,

 

               A Hindu father is not liable to discharge the debts of a son who'd left the house long time ago unless he has personally guaranteed  to repay such debts his son's creditors or he can  pay such debts out of the undivided share of the son in the Joint. Family property, both movable and immovable. Please give an  Advertisement in two popular papers one in a  local daily and the other an English News Paper to all the past and future creditors of your son that you'd severed all your relations with your son more than 6 years ago and you are not responsible for any debts of your sons contracted by your son either before or thereafter.

 

Ms.Nirmala P.Rao

Legal Expert

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 September 2013

Dear Querist

you should file a complaint to national human Right commission or State human right commission against the police personal. you can also send a legal notice to police & claim compensation due to their harassment & mental agony if they are not ready to stop harassing you & your family then file a civil & criminal case against them.

Feel Free to call

1 Like

Divya (nil)     18 September 2013

yes i agree to mr. nadeem's advice

 

u need to send strong legal notices as a first step to all police officials....ur local police officials, put dcp & comissioner in copy...

 

A father is legally not liable for his son's dues & there are decisions by courts for this....

 

u can send a written complaint to human rights too..............u can take small steps w/o getting tensed and w/o having to appoint advctes also.....

1 Like

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     18 September 2013

Law allows service of criminal notices on any member of family, nothing wrong in it.

Divya (nil)     18 September 2013

sir notice can be served but here the question is f harassment..................i am handling big debts matter against a leading mnc bank too ...infact criminal complaint against them...for my brothers dues' our entire family was harassed...

 

I am not responsible for another person's dues (even if he is my son or brother)...Am i the guarantor or am i the co-borrower....

 

We shudnt allow anyone to strip our dignity.....and when it comes to recoveries, lenders or bankers at times adopt goons or police and harass old people....

 

if the victim needs info, he can check ICICI BANK vs SHANTI DEVI........check YOGESH SHARMA and several others............

1 Like

R Trivedi (advocate.dma@gmail.com)     20 September 2013

Your son is convicted no one else. So police under the due procedure has the right to inspect your house (which must be his last known address), this will continue till you officially lodge a protest. Police has no business to harass you or threaten you, please approach the SP (ACP) of the local area and give a factual letter to him, I would suggest do not give a harsh complaint letter on first instance, just a request from a harassed senior person. 


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