• Personal finance settlement

Dear Sirs,
Few years back my father had taken a loan of about 5 lac rupees from a relative on a monthly interest basis, there are no documents signed or any records of repayment. As per the statement of my father, who is now retired now, the loan was paid back in full. But recently they are asking me to pay back the loan which now according to them amounts to 10 lac including the interest. Last time I had explained that he had paid back the amount which they did not accept. Now they called me yesterday and threatened me with legal action. Since there are no records, will this stand in a court of law. Also I am an NRI and will this affect my job and residency in the my current country. They also said that I will be forced to leave the job due to the legal action.
Please advise.
SPS
Asked 4 years ago in Civil Law

2 answers received in 10 minutes.

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20 Answers

If they have no record then the loan has no legal value. Court needs evidence. Even if they approach court their plea will be rejected.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1)you are not liable to repay your father debts

2) in any case there is no record of any loan taken nor of any repayment made

3)you would not lose your job as no loan has been taken by you

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

If you are not an indian citizen then your country will protect you.

If you are indian citizen then also they need evidences to call you back and to seize your passport. They have to inform the country you are currently living in. They cannot just seize your passport without any evidences against you.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

This has no legs to stand in the Court.

They are not in a position to demonstrate that they ever extended a loan to your father. They are only boasting you of a legal action so as to pressurise you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

This is a purely civil dispute and the police should not take cognizance in this matter, until this is managed or they give this complaint a criminal favour by altering the facts by twisting and turning.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) it depends upon allegations made in FIR

2) you can with court permission travel abroad if any conditions are imposed while granting bail

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Children are not liable for any debt borne by parents, this pious obligation already put at rest by Hindu Succession Act.

Matter civil in nature, no role of police.

Nothing will happen.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Since your father has taken loan then he is legally bound to repay the debt.

2. however repayment of debt is no more legally enforceable after 3 years from the date when it was last admitted for repayment.

3. So if there is no documentary evidence to show his loan then the creditor would face lot of difficulty in court to recover his debt.

3. No criminal case lies in absence of any documentary evidence of loan.

4. Do not worry as your job would not be jeopardised. There is no question of blocking your passport as well.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If the loan amount has been and they are not accepting that let them go to take legal action please note that you are not the borrower of the money in question so you are not responsible for any payment and in the court they have to prove that they have any amount due and they cannot charge any interest they can claim interest and the amount paid only but will be for that they have to establish that any amount was given you need not worry about your job this is a civil case and your are a stranger to the case

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

they are merely acting as an opportunist.

before they initiate any action you have a golden spoon to initiate case against them under Money Laundering. he is merely threatening you. unless FIR is registered you need not worry and the case as your have mentioned hereinabove does not require registration of complaint. In fact it is the your opposite party who is involved in laundering. it is illegal to charge interest over loaned money. it was your father who had obtained loan, why would passport be infringed. he is merely trying to extract money by blackmailing you.

Devendra Singh

Devendra Singh
Advocate, Mumbai
39 Answers

4.3 on 5.0

Hello

A case can be filed for recovery of money but that is A purely civil dispute. Your father took some loan. You or they donot have any proof of it. They received the amount back also. Most probably in cash. No proof of that. They cannot raise a his and cry about it now when a no. Of years have passed and your father has already paid the loan back. They can file a suit for recovery of money....in case they file a fir go to the hc for quashing of the fir.

Regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

No they cant take any legal action. just don't give any cheques or any acknowledgement to the said loan to them now from your side. no harm to your job.

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

Don't worry and keep calm.They may do nothing to you they are simply wants to take money from you by using coercive measures but don't give them anything in writing.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Hi,

It is possible that they might have prepared some fake and forged documents. You may enquire and come to final decision then.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

If the loan was taken by your father, in what way they are asking you to repay the same?

Why should you accept the liability for your father's loan amount if you have not stood as guarantee, especially during his lifetime?

Did they produce any documentary evidences for the loan or loan conditions or outstanding loan etc.?

They cannot do anything to you, if at all they still pressurise you, better you may issue a legal notice warning them from indulging in any such activity or to disturb you anymore in this regard or else you would initiate proper legal action against them.

They cannot harm your career nor there is any danger to your employment.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

More than a court case they are threatening to file a police complaint against me and my brother (who is also an NRI). What they are telling is that if there is a police case my passport will be kept on hold until the issue is resolved. Is this possible?

They will adopt all such nasty steps to recover loan amount from you people for the loan availed by your father.

Next time when they call you,you may ask them to proceed to police also, that you will challenge them properly.

Dont worry, they cannot go to police against you without any evidence against you.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

This will not effect your job and in absence of any evidence will not stand in the court of law for long

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If they file a case then challenge the same before the HC, also give an intimation to the local court that you are being threatened.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You are not liable for your father debts 

 

2) you have not borrowed money nor stood as guarantor for loan 

 

3) no need to bow down to such pressure tactics 

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

The stamp paper can go against you.  But you can bring the true facts in cross examination. 

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

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