any personal loan is recoverable from the legal hairs of the person in case there is any property transfer to the legal hair as in your kiss your husband is missing only and at this point of time there is no Transfer of Property in your favour are in favour of any other first class legal hair and if you are being harassed by the recovery agents then you have to complaint in the police against the husband that the person who has taken loan is still missing and it is not declared that he is alive in case police finds any clue then he will only be responsible to pay the installment otherwise it will be the responsibility of the legal Heirs
Loan recovery by missing persons wife.
Sir I am Madhu from Indore. Sir my husband took the personal loan of Rs 8 lacs one year before n he paid some installments regularly now he is missing from last 3 months Now the recovery persons are harassing me daily to pay the personal loan of my husband. We have filed a missing complaint of him in police station but still the police did not find him. I was not guarantor in loan as it was a personal loan. Secondly I am a house wife and don't earn anything and I am already in trouble by missing my husband. My husband did not kept any security for that loan as it was a personal loan. I also don't have any property as my father in law is the owner of house not my husband who is missing. .. Now please help me the recovery persons are harassing me daily and threatening me daily. I am a house wife and having a responsibility of one child also. ... please help me to overcome by this condition. Am I liable to pay my husband debt as he is missing and I was not guarantor.
Asked 7 years ago in Civil Law
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17 Answers
See if the recovery person are harassing you, file a complaint against them before the police station and further you can write a letter to bank intimating them about your husband and missing complaint filed by you.
The recovery person cannot harass you , bank has to.file a suit to recover the amount.
Thx for reply. Sir there is no any property with the name of my husband this time. Its only a house which owned by my father in law not by my hudband. Than my father in law will be liable to pay the personal loan. Is it correct?
Asked 7 years ago
Ma'am,
You might be liable to pay a loan if it is a proper loan with papers and everything, HOWEVER, you aren't liable till there is something concrete provided on your husbands status.
As you say, you have filled the complaint of missing person, he will either return back or else he will be declared as dead after 7 years of non-existence.
After that, you would be his legal hier regarding his property and everything and his rights over them and his LIABILITIES too.
Can you tell me if the loan was over an agreement or anything? who was the lender and details?
No if there is no property in name of husband then his account can be attached but self acquired property of father in law or your cannot be attached for same.
The house in question, Did your father in law pay for that? or it is just in his name ?
1. On default of unsecured loan of a person his legal heirs can not be held liable for repayment.
2. If the bank wants it ca file lodge complaint against your husband for cheating and fraud but n no way it can harass you or pressurise you to repay the loan taken by your husband.
3. So if they harass you further you can lodge complaint of criminal intimidation and stalking on which basis the Police is duty bound to register FIR.
1) No need to worry if tomorrow they come at your place and harass you than make complaints against them.
You can file a police Complaint for the same and also approach court did justice
a person is responsible only for his own debts.
For personal loan, Bank can not make wife liable.
If they illegally harassing you then approach concerned police station and file complaint against them. They could only recover money by way of legal method. It is either civil court or through the Debts recovery tribunal.
You are not liable to repay your husband debts
2) file police complaint against recovery agents for criminal intimidation under section 506 of IPC
your father in law is also not liable to pay personal Loan taken by your husband
1. You are not liable for the debt of your husband. If the recovery agents are harassing you then file a complaint in the nearest police station under Section 506 IPC and get the FIR lodged.
2. For an unsecured personal loan the lender cannot proceed against the property of the borrower unless there is a decree passed by the civil court in favour of the lender and it is executed.
Before seven years no body can recover the amount, you have lodged the missing complaint that if enough for the purpose, so please give a copy to the company/bank in writing and get the receipt and keep quite, be cool.
Have you given the guarantee ? if not, what are you waiting for ? File police complain of criminal intimidation and stalking.
You are not at all liable to pay husband debts, neither your father in law.
For harassment by the loan recovery agents, you may lodge a criminal complaint against them.
You can also issue a legal notice to the company about the fact of missing of the borrower instruct them to refrain from approaching you for recovery since you are not liable for any settlement.
If they still continue then you may file an injunction suit against them
Your father in law is also not liable to repay the loan amount borrowed by your missing husband.
The company has to recover the same from your husband alone.