• My parents arenthreatended by the money lenders to my brother

My parents are living in Hyderabad, Telangana. My elder brother had incurred a big loss in his business, he had taken money from multiple lenders. Because of the high pressure from the lenders, he has gone hiding. He is not even in touch with my parents. I've a own home in Hyderabad where my parents are living, my elder brother also used to live there. I'm living far from my parents on my work purpose. 

My parents are being threatened by some of the lenders, my old age parents facing mental torture everyday. Although they try to convince the lenders that they were innocent of what my brother did, because they did not have power, they are coming every day to our home and mentally harassing my parents. It was happened that my father signed to couple of lenders as witness when they gave money to my brother in the past. They are using that as some basis and pressuring my father. They are also threatening that they will bring ladies from their families and do kind of a Dharna in front of the home. 

What can my parents do at this situation? I'm helpless being far away living from my parents. Kindly suggest..
Asked 7 years ago in Civil Law

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5 Answers

Hello,

You father can go and lodge an FIR in the nearest police station else they can also approach the high court to seek security for the said errors.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

1)file police complaint of criminal intimidation against the money lenders under section 506 of IPC

2)since the house is owned by you the money lenders cannot recover the loan amount from you or your family members

3) merely because your father was attesting witness to laon agreement does not fasten any liability on your father

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. Your parents are not liable to repay the loan taken by your brother unless they stood as guarantors to the repayment of loan.

2. They should file a complaint to the nearest police station under section 506 IPC for criminal intimidation.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Your father has signed few documents wherein he has acted as witness to the fact that your brother has taken loan from them.

2. He is not denying that even now.

3. Nowhere he has appended his signature as a guarantor.

4.Those lenders can not legally demand any money from your father towards the loan your brother had taken and for which your father has acted as a witness.

5. Your father should lodge a police complaint immediately under copy to the local S.P./D.C. against ythe torture faced by him from the said lenders seeking protection.

6. If police fails to act, he should file a Writ Petition before the high court against police praying for direction upon the police to protect you and bring those lenders who harassed him to books.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

If the threat persists then your father can lodge a criminal complaint for creating nuisance and posing threats including criminal intimidation and abuses against all those involved in such undesirable and illegal activities.

The police will take care of the issue, if the police is not effective then a complaint may be moved before the higher police officer of the district for intervention and relief.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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