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Is loan from brides parents is considered as dowry in law ?

Page no : 2

Law Learner (Professional)     28 August 2015

Thanks Sudhir Sir for your inputs on the query.

Sir,

Actually the amount was just few thousand Rupees taken as help from In Laws , Technically I do not know how Law defines the help in the form of money taken from any relative. Thats why I used the word as Loan, just to give the message to forum that the money was taken as help with intention to give it back.

It was not any big amount in Lacs or Crores to setup any Project or to Purchase any Land, Property or any Machinery, thats why the conventional methods of taking loan from financial instituion were not explored.

In nut shell, it was just like a quick monetary help taken from a close relative or a friend.

Please let me know, if this answer the questions raised by you.

Sudhir Kumar, Advocate (Advocate)     28 August 2015

you are not sure wiether it was "help"or "loan" or "help in the garb of loan"

if the it was small amount that does not mean that was your right after all youhave not been able to reply

  1. why you  had to take money from none else than father-in-law, (because he was soft target who could not refuse)
  2. have you refunded money, even aftger discrod coming in market?
  3. Was the loan secured loan against a security?

Law Learner (Professional)     28 August 2015

Sudhir Sir,

Answer to your questions is as follows :-

Ans1 ) It was unintentional to take money from father -in - law. At that time, marriage was not in discord and on one day while on casual talk with wife, I asked whether it would be fine with her father, if he help me with such amount of money. No bad intentions at all.

Ans2) Money was already returned to them. No proof of return was made. I gave them amount in Cash, because when I asked to give back by cheque or net banking, my Father -in - law got angry that you are trying to make evidence out of it. During that time discord was in progress.

Ans3) There was no security against that help or loan. All things were verbal.

 

Hope this helps your questions, Sir.

Sudhir Kumar, Advocate (Advocate)     29 August 2015

anyway you have been shown the mirro for you to realise as to what problem you have cultivated.

SAINATH DEVALLA (LEGAL CONSULTANT)     29 August 2015

Rightly condluded by Sudheerji,nothing more left to continue

Law Learner (Professional)     02 September 2015

Sudhir Sir,

So does your conclusion refer that it could be taken as Dowry by law, irrespective of proofs.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 September 2015

You said that you made a loan agreement with them.

 

a) Is it mentioned that you have taken such amount as loan in that agreement?

 

b) Is this agreement has been solemnized before any lawful authority? Like - notarized with notarization certificate or any first class magistrate?

 

c) Is it written in that agreement that you are liable to pay back the entire money to them within certain period?

 

 

Need your answers for further advice.

Sudhir Kumar, Advocate (Advocate)     02 September 2015

I would have happily said what you want to hear.  for that there has to be two conditions"-

 

  1. I want to practice flattery on you.
  2. I should have no sympathy with you.

When non of the things are there I cannot esay what you want to hear.

Law Learner (Professional)     03 September 2015

Thanks for your valueable time and thoughts, Sudhir Sir.

You have not said but with your words I can infer what your message is.

No worries, I am still fighting my case on merits and will keep fight on untill I have hope.

With Lot of Regards

Law Learner


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