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BBA LLB   13 July 2021

Money liability

Respected Experts,

There is guy who lives nearby my house. His mother passed away due to COVID last year, and his father has already expired long time back when he was just a kid. Now, his mama's are creating issues to him and are saying that they had paid some amount ( approx 58,000 INR) to her mom in 2017. Since, she's no longer alive and there's no one else elder present in the home, his mama's are forcing him to pay back the said amount with an interest for 4 years. I want to help the guy but I'm not aware of all such legal issues that consists in such circumstances. What shall I do to help the guy out? Is there any legal aid through which he can dent such payment? The boy is 20 yrs old, almost a kid I suppose, but I want to know if he's liable to pay the money or not?



Learning

 3 Replies

Dr J C Vashista (Advocate)     13 July 2021

Hypothetical academic topic for time pass.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     13 July 2021

Help between relatives happens without any papers or at the most nowadays by online transfer. Many a time the  financial help so rendered may not be insisted upon for immediate repayment. It all depends upon the capacity of the parties concerned and the financial difficulties they are in and on what grounds it's gucen-charity or loan.

 

In the instant case, how is the 20 year old placed financially, did he know that uncles helped mother financially and the amount was given as loan, mother informing him or not informing notwithstanding. If the boy is financially sound enough and he is aware of the money his mother took from uncles as loan, it's morally incumbent upon him to pay, his liability being subject to the maximum if estate he inherited from the mother.

 

If it's the word of boy against the uncles as to money given to mother, it's a dispute. If uncles can prove that they gave money as loan to mother, they can bring a law suit.

Boy is liable to her mother's liability to the extent of the estate he inherited from his mother.

 

If you want to help the boy get full details and guide the boy to a good lawyer or counsel him that he is liable to pay in case the amounts were in fact given as loan.

G.L.N. Prasad (Retired employee.)     13 July 2021

The son can keep silent, denying knowledge, and let the lender proceed through proper court and establish his claim in court.


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