• Father taken loan from society

My father taken loan from socity in 1999 of amt 25000/- and he passed away in 2014 and socity people coming to my house and saying to give me money of amt 155500/- .me physicaly cllanged ,mother widow,my brother mental.i am only who taking resposibilty ogf home by doing private job .
Asked 4 years ago in Civil Law

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15 Answers

Do they have any agreement the name of your father?

Other than that for a person to charge interest, he must have a money lender licence, without that interest cannot be charged.

So you do not have to respond to them and tell them to take the recourse of law to get their money.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Claim of society is barred by limitation

Suit ought to ha e been filed. By society within period of 3 years of non payment of loan

3) you are not liable to pay your father debts

4) if you have inherited any property liability is limited to extent of inheritance

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

If any recovery proceedings are taken by society contest the same

Contact local lawyer

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. The society has to approach the guarantor;

2. Ask the guarantor to pay the same;

3. Tell the police that you do not have the money now;

4. But eventually you will have to pay the society and clear the dues.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

They cannot force you for paying. Ask them to approach guarantee. If they are still forcing you then file FIR against them in police station for harassment, criminal trespass and theft of items in your house.

They neither can sell your house nor can take away home appliances.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

You can file a police complaint for criminal intimidation and trespass against them.

You can also take a restraining order against them from court in order to stop them from disturbing you in manner whatsoever.

Also, they cannot approach Court for recovery as the suit would be barred by the period of limitation.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

The society cannot demand the loan repayment amount from you or anyone especially if there is no liability from anyone namely surety or guarantor.

If the legal heirs of your father have inherited the properties belonging to your deceased father, then they are liable to settle the debts as well to the extent they have inherited the property.

However the society has to follow due process of law in this regard, they cannot come to your house demanding the repayment of loan amount.

You can issue a legal notice to them to refrain from indulging in such illegal activities or else to face the legal action for this atrocious and arrogant act.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Yes they have an agreement but gauranter are diffrent not my family member .and we sold out my old house in 2010 after i taken other house in my name they coming to this house and harrasing us pressuring sendinging police man to my house and saying we will sill house and taking home applicance also .in my father name or mother name no property belongs to them

You send a legal notice warning them against their such threats and strictly instruct them from indulging in any such act which would endanger your life or property, subsequently you may file an injunction suit restraining them from indulging in such activities which would disrupt your peace living or that may make your property or belongings insecure or likely to damage.

Consult an advocate in the local and proceed as per the suggestions received.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

The Society can realize the amount from the sale of the assets left by the deceased. They cannot attach any property which is in your family name. Secondly, the residential house cannot be attached. The property, if any, is to be attached, the concerned court has to send warrant for attachment. If any body comes to threaten ask him to show the warrant. You can also challenge the attachment, if any, by contacting a local lawyer and obtain stay. Otherwise, be bold and ask them no assets has been left by your father and in case they will pressurize you, you will lodge complaint against them before higher authorities.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

Call police next if they force . Children are not liable to pay father debts. Same provided in Hindu Succession Act.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

To repay this loan, you including the other legal heirs to your father are liable only to the extent of assets/valuables that you have received from your father as inheritance.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Please be cool and try to understand that you cannot run away from the payment of the loan legally taken by your father from a legal vendor, so please try to settle the matter to be paid in installments this the only way out of the matter.

Secondly if you wants to linger on the matter then you go before the Criminal Court u/s 156(3) of IPC alleging that the Society on the basis of the forge documents which are fabricated after the death of your father is harassing you and your family. The signature on the documents are forged signatures and not of your father. The court will order for an inquiry then you may settle the matter so long as you wants.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You are not liable to make any payment.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Send a legal notice to them they can not adopt illegal means for the purpose of recovery.

Go ahead and lodge a police complaint against them

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If they want to take the money ask them to file a suit in the court of law

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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