Dear sir, my name is pritam dubey. i am from kolkata. my mother had taken loan from my neighbours and also various person and now cannot repay the amount which now stand a huge amount along with their intrests. now they are pressurising her. my problem is that when they had granted the loan they had not taken any gurantee of me or not even let me know the matter the whole matter was unknown to me. I went to local police station with the issue they said police cannot help in the situation. so can you please suggest what can be done to get out of this situation
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1) how was loan taken ? when was loan taken ?
2) in cash or cheque?
3) did your mother sign any documents?
4) when was last payment made by mother? kindly clarify
5) if your mother is unable to pay the money borrowers can sue your mother to recover loan amount with interest
the loan was taken in cash, about 2 years ago my mother signed in their normal copy she is paying intrest since then but for last five months she is unable to pay their intrest. please note that they are not any authorised money lenders..
let the lender sue your mother to recover loan .
2) take the defence that money lender does not have any money lending licence
No need to worry, sit tight and wait and watch.
if any person who is lending money illegally, that person can not take any legal action against your mother by any law until and unless they have some documentary proof regarding the same.
if there is any harassment by them against you or your mother then immediately file a complaint against them before police commissioner and Income Tax department.
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Please check what was your loan amount and how much you have paid.
The amount you have paid would be adjusted towards the principal amount only and you are not liable to make any payment towards the interest part as no un licensed money lender can legally claim interest from the borrower.
your mother is liable for making the balance payment if any for which a civil suit for recovery of money can be filed.
For the regular threats you can lodge complain with police against criminal intimidation.
1. Police has no authority of law to intervene in this as the dispute is entirely of a civil nature. The lenders are free to file a suit for recovery of money against your mother in the competent civil court, which she can fittingly contest.
2. If the lenders harass or intimidate you or your mother in any manner then you may file a criminal complaint against them.
If your mother has taken loan it becomes her duty to repay the same.
It will not be your liability especially when you have not signed any guarantee
If you have not inherited the properties left behind by your mother,then you do not have to answer the lenders.
They may approach court for recovery, you can warn them by issuing legal notice if their pressure is more.
the loan was taken in cash, about 2 years ago
my mother signed in their normal copy
she is paying intrest since then but for last five months she is unable to pay their intrest.
please note that they are not any authorised money lenders..
If your mother borrowed loan she is obliged to repay, there cannot be any excuse for repayment
Whether he is unauthorised money lenders or not she is liable to repay the loan amount
The money lenders may aproach court with money recovery suit.
1. What is your agitation for?
2. Your mother had taken loan from the neighbours for which they are pressurising her for repayment of the loan taken by her.
3. What is wrong in such demand legally? They are not legally bound to inform you about your mother's taking loan from them.
4. Have they demanded the repayment of the said loan from you by harassing you?
5. If you have been harassed, you can lodge a police complaint since you are in no way responsible and liable for the loan taken by your mother.
1. Your mother has taken loan from others with the assurance to repay the same at agreed rate of interest.
2. She shall have to repay the loan with acceptable rate of interest as per the terms of the agreement if any.
3. Normally, such money lenders take promissory notes with assurance to pay the amount which is shown as more than the amount actually taken since future interest is also pre-added to it to legitimise the act of giving loan with interest.
4. For running money lending business, one shall have to take license from RBI.
5. To avoid the legal problem, such money lenders add interest and take pro.Notes as explained above.
6. The stand that since those people are not authorised to run money lending business commercially, your mother will escape her responsibility and liability to repay the loan taken by her is not correct legally.
7. It will be prudent on your part to settle the matter with those lenders amicably.