My sister lost her husband few years ago to an accident. She helped me in my education by offering money to my parents, which was about 4 lakh rupees. When my brother in law passed away, she got mentally very weak and started saying she will kill her daughter and commit suicide after. My parents and I decided to never leave her and as she grew violent, she started asking for so much money otherwise she wanted to die because she does not have any support. My dad eventually succumbed to it and signed a bond for 12 lakhs with two rupees interest, i did not read the agreement/bond but im a struggling young guy, yet I wanted to keep calm because i love my sister and paid 10 lakhs in 2 years and now she has recovered from trauma very much. As her husbands accident was made by a govt vehicle, she is getting about 40 lakhs from govt. now i thought she would understand my struggle in supporting her and trying to keep the family together, but she has, over a period of time developed a habit for easy money. (she has not been working since brother in law demise and i am supporting her). My parents regret this and they want to do some justice to me as she really did not give that kind of money to parents ever. In fact, she is 40 year old and even after her marriage she with our brother in law stayed in our home all along and my parents supported them to get to a stable situation when this unfortunate accident took my brother in law away. My parents even paid for my brother in laws education, never expected or took anything in return for them staying in my parents house for almost 15 years. She has become greedy for money and not seeing my struggle to keep the family together. The agreement is totally because my father did not want her to act on her threats. Is there a way we can get out of this because she still claims I owe total money because everything i paid went into interest. Please advise.
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1) it is necessary to peruse bond signed by your father of Rs 12 lakhs
2) you dont owe her any money as against loan of Rs 4 lakhs you have paid your sister Rs 10 lakhs
3) your parents can execute gift deed of the house in your favour
4) once gift deed is executed you would be absolute owner of the house .
5) your sister has received Rs 40 lakhs from govt and she can survive on interest payments
Thanks for the quick response. appreciate it very much! 1. I got the details about the bond. she got 6 bonds of 2 lakhs each indicating my father as taking money for an interest of 2 rupees. On that day obviously she did not give the money or he did not receive it. Can this mean she did something illegal? Also there are no witnesses to this agreements, except my father signing the documents. 2. If this go to the court of law, how can my statement or my father's statement (that she was threatening to die and thats why dad executed that bond and we never owed her money) can stand against her's. Im assuming she might lie to support her bonds. 3. is there an advantage or disadvantage by filing the case first in this situation? I do not prefer going first but if i have a disadvantage waiting, please let me know. 4. Will this case affect the money is going to receive from government for my brother in laws death? she did not receive it yet. 5. Can this be my sister cheating my parents kind of a case? I want to know how to explain my sister that she has it all wrong so she will at least keep the respect and realize the risk of going to courts. Finally, please give me any suggestion necessary or mention anything i missed asking. Appreciate all your help Ajay Sethi !
1) if yiur father had not taken any money the question of repayment does not arise
2) it has to be proved by your sister that Rs 12 lakhs wasdusbursedby Her
3) yiur father can move court to set aside bond executed by him under coercion and that money are due and payable
4) if your sister says money was advanced by cheque she has to show whether loan given to father has been declared by her in income tax returns
5) contact a local lawyer
1. You can challenge the said the Bond now and also the illegally fixed high rate of interest. She shall have to show the reason for the Bond or payment of that much of amount to you,
2. Actually what is written in the Bond is required to be seen for correctly advising you in this regard,
3. You can get rid of the above Bond trap by refusing to pay the said interest and challenging the said Bond.
1. Since there was no payment of money and your sister won't be able to submit accounts how she had arranged to get so much of amount, you can easily challenge those Bonds and refuse to pay the interest charged thereupon,
2. Your and your father's statement has some acceptability since she will not be able to show the payment of such huge amount made to to your father or you,
3. Do not go to Court first. You just stop paying the interest. Let her approach the Court first and in that case you will be able to contest the case filed against you fittingly,
4. No. This case will not affect your sister in law's chance of getting her dues from the Government,
5. No. It will not be treated as cheating case against your sister. However, you can bring the charge of black mailing your parents and you for gain against her.
1. In pith and essence your father admitted the liability which he did not have. Since he has executed a bond wherein he had admitted his liability as a borrower he has to honour the agreement. If there is evidence of the agreement being signed by your father under fraud or misrepresentation then he can file a suit for declaration of it being illegal in the civil court.
2. Your sister can file a suit for recovery of money against her father if he does not honour the agreement. You can state in the court that your father executed the agreement as she was threatening to end her life, but it will have to be proved as oral statements are not accepted on face value by the courts.
3. The contract executed between your sister and father does not have a bearing on the compensation she is to receive from the govt.
4. No criminal case for cheating is made out unless there is strict evidence of it.
The alleged bond in her possession may not have legal validity.The bond can be disputed if she is planning to take a legal route to recover.
Concince her to not to be so arrogant and greedy, failing to listen ask her to proceed legally and you may challenge and defend yourselves accordingly on the basis of merits in your side.
1. I got the details about the bond. she got 6 bonds of 2 lakhs each indicating my father as taking money for an interest of 2 rupees. On that day obviously she did not give the money or he did not receive it. Can this mean she did something illegal? Also there are no witnesses to this agreements, except my father signing the documents.
The loan agreement without witness is not valid and it can be challenged properly.
2. If this go to the court of law, how can my statement or my father's statement (that she was threatening to die and thats why dad executed that bond and we never owed her money) can stand against her's. Im assuming she might lie to support her bonds.
First of all the execution of loan agreements itself are undercloud or suspicion hence let she make that statement, you with merits in you side may challenge all her moves.
3. is there an advantage or disadvantage by filing the case first in this situation? I do not prefer going first but if i have a disadvantage waiting, please let me know.
She wanted money and she is demanding the money as per the said loan agreement, it becomes her duty to prove all her allegations against your father. So dont try to approach court from your side, let she initiate first.
4. Will this case affect the money is going to receive from government for my brother in laws death? she did not receive it yet.
NO
5. Can this be my sister cheating my parents kind of a case? I want to know how to explain my sister that she has it all wrong so she will at least keep the respect and realize the risk of going to courts.
You can try to convince her, if she does not listens you may have to opt for legal actions only.