• Pro note limitation

I received a legal notice for money recovery as my father bowwored who passed away 5 months ago and took on 2017 my father repeatedly said there is no debt to pay to any individual we suspect the pronote can we file petition on date of signature and the signature is real . How much time it takes to get results?
Asked 4 years ago in Civil Law

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14 Answers

Don't reply to the legal notice if you feel there is no outstanding or reply in negative. Let the opposite party file suit for recovery you don't file petition. 

Prashant Nayak
Advocate, Mumbai
31949 Answers
179 Consultations

4.1 on 5.0

Pro note has limitations 3 years, but did any terms and conditions is written on it or any jurisdiction clauses etc.


You can suspect time 6 months to one year for result. It also depends upon how cases are pending in the court.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You are liable for repayment of loan to extent of property inherited by you 

 

2) you can contest the suit proceedings 

 

3) if your father signature is forged take the plea that signature is forged 

 

4) enclose hand writing expert opinion 

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

Dear sir,

The date of payment of the amount must be there on the promissory note, otherwise 3 years limit for recovery of money due as per the promissory note.

A valid promissory note must list the terms and conditions of the loan. In addition to the loan amount, it must state the interest rate, payment amount, payment frequency and the maturity date of the loan. If the note does not contain the terms of repayment, the lender can’t enforce non-payment. 

No, you are not responsible for the debts of your father. At best a charge can be created on his estate/ belongings if any, that he leaves at the time of death.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. IF at all Father has executed any money Pro-note or any other document, EVEN then you are not liable to pay for the same in anyway whatsoever, since it is a Civil matter, which is not transferable to the legal heirs of the deceased Father.

2.  IF you suspect some forgery /fraud to malign or intimidate you or your family, by such false demands, THEN You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.

3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You are not liable to pay father debt. Deny them straight. Also impute forgery charges.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

Life of pro-note is 3 years from the date of execution.

You can reply to the said legal notice denying the contents thereof.  Further, you can raise the issue of forgery of your father's signature.

Wait for the other party to file the case, you can contest the same. 

In case if you file the case, you may have to incur the court fee and other miscellaneous expenditure.

Meanwhile, collate the relevant details information in support of your case.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

A pronote which is called as promissory note is valid for 3 years from the date of its execution . Normally a suit cannot be maintainable if executor of pronote died. If any suit is filed you may file an application for referring the said pro-note to know about weather the signature on it belongs to your father or not.

The handwriting expert will submit a report .

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

See you can get the signature on same verified by private hand writing expert if same is forged then in case you can file a police complaint.

Private hand writing expert take 2-3 days to give report.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

- All Promissory Notes are valid only for a period of 3 years starting from the date of execution.

- After expiry of this period it bcome invalid.

- Further as per the Hindu Succession Act, 2005 you are not responsible for the debts taken by your father.

- If, your father died without leaving anything in your name , then this burden will not come to your shoulder.

- But , If there is some property left by your father , then you will have to refund the debt after selling the same.

- I mean, after your fathers death, his debtors cannot take any single pie from your income or from your assets.

- Reply the said legal notice after mentioning that you are not responsible for any debt of your father , and also mention that as per your knowlddge there is no debt in his name , and if there is any pro note etc, it is forged .

 

Good luck and dont forget to rating Positively.

 

 

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

Verification can be done through scrutiny of the papers through an advocate.

the sons liability over the father debt is limited the debts need to be recovered out of the assest bequeathed by you through your father only you need to seperate own earnings and the properties bequeathed by you through your father. if there is no property bequeathed by you through your father you need not need to worry

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi 

1) Since the pro note is alleging that your father has borrowed money from some one, the person alleging that your father borrowed money should file a civil suit for money recovery. 

2) Also the person claiming that debt is due from your father has to prove to the court the following:

a) That the pro note is duly signed by your father (signature must be proved to be true)

b) that the money was transferred to your father

c) Assuming signature to be true, there was no fraud or coercion on your father at the time of executing the promissory note

and 

d) that as legal heir , you have obtained properties after the demise of your father by way of succession and hence the legal heir is duty bound to repay the loan.

please note that the legal heirs are duty bound to repay the loan borrowed by their deceased father if and only if the legal heirs have got any property from their father after his demise( the property may be movable or immovable that will vest on the legal heirs after the demise of the father).  

If you have not got any property by way of succession from your father after his demise, then you do not need to bear the liability of the loan. 

3) Courts are very strict when it comes to money recovery cases filed against legal heirs of deceased persons 

So, you can contest the case if the other side files  a money recovery suit on merits. 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Pro note limitation is of 3 years from the date of last installment.

Yes you can challenge the validity of pro note on ground of fake signatures.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The loan obtained by your decesed father on the basis of the pro-note will not bind his legal heirs until and unless you have availed any of his assets.

If this was a personal loan, then you may refuse to pay any amount to the lender.

The reference of signature to the handwriting experts shall be taken care of during trial proceedings.

T Kalaiselvan
Advocate, Vellore
84914 Answers
2195 Consultations

5.0 on 5.0

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