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Suman   08 February 2022

Regarding promissory note

Sir,

   My Aunt(age62years) was taken a hand loan amount of 3 lakhs from her friend in the year 2014 for that she gave a empty promissory note with signature only and my Aunt returened an amount of 3 lakhs in 2016 after selling agriculture land by cash and she is not taken a promissory note and her friend said she kept somewhere and need to find out. With the trust of her friend my Aunt ignored the promissory note. And my aunt was expired on jul2019. After six months her friend send a legal notice through some local financer saying my aunt taken an amount of 6 lakhs on jul 2018. And now they are seeking for property attachment but that property is already on mortgage.

We are struggle to pay mortgage amount on top of that they are taking advantage of blank pro note signed by my aunt.

1)How do we prove that they filled the empty pro note and how do we save our property?

2) As we know they filled up the pronote amount as 6lakhs and interst as of the date filing jan2020 is 3lakhs. So if they is no way we can prove it is filled document will court ask us to pay the principal+intrest till the time of case closing?



Learning

 10 Replies

H.JanakiManohar Rao (lawyer)     08 February 2022

Contact a well versed civil lawyer.Fraud never wins over the facts.There may be many more flaws in the fabricated promissory note.Advocates alone can find out the flaws.

Suman   09 February 2022

Thank you for your reply sir.

We don't know any lawyer, we oppointed a lawyer but he looks like poor in filing pitition (written statement). 

Is there a way to find good civil lawyer who is exper on pro note cases?

Anaita Vas   09 February 2022

Respected Suman,

I understand that this is a stressful situation that you are facing, thus,

Firstly, you can file a lawsuit alleging that you took out a personal credit and then provide your promissory note as proof that you repaid the debt. You can also file a criminal complaint with the magistrate under the Bills of Exchange Act,1882. You should deposit the promissory note for collection before filing the petition All of these stages must be completed within a certain amount of time. You can send a legal notice through a prudent lawyer, to the person who holds your promissory note, stating that you are not liable to pay the sum that your aunt took for her own use. Thus, request her to return your promissory note to you.

Secondly, you can contact any prudent civil lawyer as they will be well-versed in this matter.

 

Regards,

Anaita Vas

 

 

Dr J C Vashista (Advocate)     09 February 2022

The loan is stated to have been taken in 2014 and a promissory note was handed over, which is barred by limitation, i.e., the lendor can not claim it after 3 years.

However, if the promissory note is dated 2018 even than if 3 years have elapsed it is barred.

Send a reply to the notice through a local prudent lawyer.

G.L.N. Prasad (Retired employee.)     09 February 2022

It is a lesson to some innocent and ignorant persons, and one must take at least take a receipt from the lender stating that the money was received in full satisfaction of such debt for which a promissory note for a certain sum was executed and pronote was not located and the lender undertaking that such pronote will be returned when traced.

Suman   10 February 2022

Will expert opinion will reveal signature age and document filling (written) age?

If so, where do I need to send the document to prove difference between age of signature and document writing age? If this can be find we can prove it is filled document on empty note.

Dr J C Vashista (Advocate)     10 February 2022

Signature age cannot be ascertained.

Suman   10 February 2022

Then there is no way to prove that they filled up empty note and trying to extortion us?

P. Venu (Advocate)     16 February 2022

Admittedly, the person who had taken the loan on promisory note is not alive. As such, the loan amount, even if bonafide, could be recovered only from her property, not otherwise.

As such the question has she left behind any property? If so, who has inhertied the said property?

Suman   26 May 2022

Inherently the propperty came to my brother-in-law but the property is already in Mortgage. My Brother-In-Law is the guarantee(Co-Borrower) to the loan. Now they court given attachment to the property.

Can someone suggest me, how do we prove it is a fraudlently filled document and they are trying to extort us by filling a document of an expired person.


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