• Filing of NBW

My mother who is a physical handicapped person has taken a debt from a private bank in 2007 and failed to pay the debt.further in 2008 due to chronic medical conditions she took vrs and cleared her debts with the terminal. Benifits except the above mentioned debt.i haven't inherited any properties from her and even she is left with no money except a mere 2k pension per month.i secured a govt job in 2010 and later cleared my educational loan and even did my marriage with my own money.i am even looking after my mother.today my brother have received a call from high court advocate that a NBW was issued on both of us for non clearance of debt taken from the above bank.i did give any surity or witness or not even a co-borowwer.Is there any liability on me and can the court issue NBW to me eventhough the debtor is alive
Asked 4 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

The non bailable warrant (NBW) against you can be cancelled. You should immediately take steps to get the NBW cancelled from the court by submitting that you do not have any intention to defraud the bank and that you have not received the court summons.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

See in my view the advocate is threatening you so that you clear the loan in case mother is alive you don't have any liability also for loan there cannot be any criminal case. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

They also lie and try to extort money. You tell them to forward case no and court details. 

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Please note that this is a fake call given by the so called legal team of the company entrusted with the task of recovering the defaulted loan amounts especially if they are barred by limitation.

The non repayment of the loan is not a criminal offence.

The lender has remedy to file a money recovery suit in a civil court.

No civil court will straight away issue a warrant.

No non-bailable warrant shall be issued by a civil court.

For criminal offence, they may have to lodge a compliant with the police for the offences of cheating, then the police will summon the borrower and not the sureties, record the statement and may allow time to obtain anticipatory bail if at all a FIR is registered.

Therefore the alleged call by the person in the guise of an advocate is just a threatening call so that you people will get scared and try to repay the loan of the borrower.

Just ignore the call, and when they again all the next time, ask them to send the NBW first which will be handled legally.

You will not get any call after that if you give this reply.

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Hello, 

 

That is just a threat and the pressure that is being created on you. 

You do not have any liability to pay the debts of your mother .

You do not have to worry

If they call you further you may engage some advocate and ask them to talk to your advocate. 

You may also send the legal notice for doing recovery by illegal means. 

If any court has issued NBW then you will receive the notice through court. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You are not liable to clear your mother debts 

 

2) loan was taken by your mother how can you be liable if you ha e not acted as guarantor of loan 

 

3) contact a local lawyer for cancellation of NBW issued against you 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

1. Any type of Finance /borrowings does NOT come under Criminal Laws. Hence there is no question any NBW, under any circumstances. It is some kind of hoax, to extort & pressurize.

2. Sequentially accumulate all the earlier debt & repayment documents and scrutinize. Find out any lacunae etc....

3. When NBW is issued, Police will come and not any lawyers phone.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

- As per law, you and your brother are not responsible for the debts of your mother, because mother /father and son`s assets will be treated as their respective separate properties.

- Moreover , if you got property of father/mother both movable or immovable properties through inheritance then only , your liability to pay the debs , after selling those inherited property, but not during the life time of mother. 

- Further, if you were a guarantor of the said fund taken by your mother , then only you are responsible for paying the same.

- Since, you both are not surety or witness &  co-borrower , hence you both are not liable to pay the said debt taken by your mother ,and further not liable to face any legal consequences for the same.

- Otherside, a Lawyer is not having any right to inform an accussed /person for issuance of NBW , only a police official is bound for the same. 

- Hence, it clear , that you have received a false and fake call from a person, who wanted to extort money from you.

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Dear Sir,

Yes, court can issue NBW.

You will have to be in custody in the court itself and then you will get bail. 3. No, if you just file an application for recall of NBW then your presence is not mandatory. an NBW is issued when you do not repeatedly appear in a case.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Call is fake from recovery agency. Advocates never calls neither it is a criminal matter that NBW will issue. Further, children are not responsible for parents debt, in life time and after.

Next time when call come, retaliate to file FIR if again called.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

That notice may be a fake one. How can a NBW be issued against you both when you are not the borrower.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

You are not liable to pay your mother debts. lawyer never call you. ignore fake calls, may be they are recovery agents. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes as legal heirs of your mother you are liable for debts of your parents as legal representatives.

But high court advocates will not call you if some NBW is issued against you. 

And in civil cases NBW cannot be issued

And no case will proceed without serving notice to legal representatives.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. Firstly, genuine lawyers do not directly call the adversary and tell him that court has issued summons/warrant. This modus operandi is adopted by the lenders only. So the caller must be someone from the bank.

2. Had a NBW been issued then police would have arrested you by now.

3. The recovery of loan has now become time barred.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer