My sister's husband recently expired, he was a govt school subordinate staff. Due to some health issues my sister is staying away from my brother in law from fast 7 years and living with us. Now she is applying for death benefits and compassionate appoint for govt job. While applying some necessary documents and no objection is required from my sister's mother in law, but she denied to give no objection instead she forcefully obtain my sister's signature on promissory note for the amount, which is borrowed my sister's mother in law(the amount is not used for my sister and her children). My sister forcefully agreed to pay the amount(total 6 lakhs) for compassionate appointment and death benefits. Now death benefits not received yet, however we are receiving calls from financiers who are having that promissory notes signed by my sister. she has not having that much of capacity to pay that amount, she has to look after 2 girl chaild and 1 boy chaild. If she not able to pay that amount, does it affects on here compassionate appointment? and what are the precautions should we take?
If a promissory note is forcefully signed, and witness signatures done by relatives of signed person, dose it valid? if valid, what the precautions dose we take while filling case against promissory note holder ?
1) if your sister is unable to pay the amount suit would be filed to recover the amount with interest
2) your defence should be that no consideration changed hands and no money was received by your sister and she was forced to sign the promissory note
3) it would not affect compassionate appointment
Ask her to file FIR against mother in law for taking amount through her and misappropriated that amount. She and her children along with mother in law are class I heirs and will inherit assets of deceased husband. 1/5th share each.
If she is not paying, financer can file FIR of cheating but this is not a criminal case and such FIR may quash by HC.
Mother in law cannot be appointed on compassionate basis so even if she raise objection, have no complications. Speed up the appointment.
If it's a legal appointment then it will not affect. You need to prove in court that the promissory notes were forcefully signed and taken
- A Promissory note is a legal document which ensures that money will be paid back by the borrower.
- The individual who promises to pay is the maker, and the person to whom payment is promised is called the payee or holder.
- Hence, be clear , who had taken loan from the said financier , if your sister has not taken the loan , then ,she is not bound for the payment for the same, and further she has right to refused her signature as well.
- Your sister should exuctue a Cancellation of Promissory Note Letter , and further inform both the parties ,i.e.Financier and mothe in law , after stating that she is not bound by the contents of the promisiory notes , as her signature was received upon the same foribly by the mothe in law and the witnesses.
- Furthre, she should also lodge her complaint before the police and higher official for the same , and also after narrating that the signature was obtained malafidely , for not giving any share in the property of her deceased husband.
- Further , as per law, your sister has her right to claim death benefits and compassionate appointment for govt job.
- If, her mother in law , not giving the said documents, then your sister should issue a notice against her.
Good luck and dont forget to rating Positively.
Dear
A promissory note signed is legally binding on the person signing the Promissory note.
Your sister should lodge an FIR that her mother in-law have taken her signatures on blank papers forcefully through criminal intimidation and she can misuse those papers against her.
Don't mention any words like promissory note in complaint to police so that you can deny the knowledge of Those promissory notes in future.
You should also send legal notice to person calling your sister through advocate that my client have not taken any money from you and if you don't stop the calls to my client than she can initiate legal proceedings against you.
1. Your sister has made herself liable to pay the money to financiers either as a borrower or guarantor depending on what her mother-in-law filled up on the promissory note.
2. The issue of compassionate appointment has no nexus with the liability arising out of the promissory note. The financiers are at liberty to sue your sister through a summary suit for recovery of money in the competent civil court.
3. If the promissory note is signed by your sister then the onus to prove that it was signed without free consent will be on her.
1. Your sister has made herself liable to pay the money to financiers either as a borrower or guarantor depending on what her mother-in-law filled up on the promissory note.
2. The issue of compassionate appointment has no nexus with the liability arising out of the promissory note. The financiers are at liberty to sue your sister through a summary suit for recovery of money in the competent civil court.
3. If the promissory note is signed by your sister then the onus to prove that it was signed without free consent will be on her.
Dear Madam,
First keep silent till your sister get job on compassionate grounds .
Then if the financier file any civil suit for recovery amounts your sister can take 101 defenses and ultimately your sister will succeed.
It being a civil litigation, there will be no effect for your sister in getting job .
In order for a contract to be enforceable, it must contain certain legal conditions such as an offer and an acceptance of that offer. When all of these conditions are addressed in the promissory note details and it is signed by both parties, the promissory note meets all the elements of a legally binding contract..
You can make complaints against that accused if they had you victim.
Dear Sir,
Promissory note is a Negotiable Instrument and provisions are contained in Negotiable Instruments Act.
Promissory Notes issued in one Indian state can be presented in another state provided that the note bears the valid stamp. There is no requirement for additional stamp duty to be paid. A Promissory Note must always be written by hand.
