Legal Question in Credit and Debt Law in India

As i described earlier my father borrowed a sum of rs.198000/- from a money lender in diferrent times.(rs. 150000/- jan 2009, rs.18000/- feb 2011,rs.30000/- mar 2012).at the time of taking money he showed the house. consequentyly the money lender use to come every month for interest and talked to him. there were no security or any type of gurantor behind the loan. the residence where i am staying is a willed property by my grand mother. after my father death i am the legal heir of my portion. now the money lender is asking me to vacate the house and sell the same and give him money.i was completely unware of this loan taken by my father.

can i get any type of help from law and get rid of this money lender ?


Asked on 2/14/13, 3:06 am

4 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

14.02.2013

Dear Sir / Madam,

(North 24 Parganas, Kolkata, West Bengal)

First verify the authenticity and genuineness of the loan receipts, if any, to be produced by the moneylender. Also ask him to produce documentary evidence then signed by your father to the effect that he had mortgaged the flat.

If both the evidences are genuine, you should pay off Rs. 1,98,000/- to the moneylender, obtain a payment receipt from the moneylender and close the matter.

If both these original documents do not exist, politely tell the moneylender upfront that he ought to have settled the matter with your father prior to his demise; and to stop visiting your house any more.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/14/13, 4:17 am
Jayesh Desai Jayesh Desai

No body can ask you to vacate the house, without any judicial order. The Money Lender, if he has any claim will have to agitate the same before a Court and only upon the order of the Court he can recover. You shall have all the right to defend yourself in the Court. If he is physically threatening you can seek police protection, or complain against him with the Police.

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Answered on 2/14/13, 10:17 pm
Sanjay Kalra Sanjay Kalra & Associates

File police complaint against him by saying that he is threatening you , criminal intimidation etc. and i am sure the police is going to do the needful.......Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/15/13, 12:12 am


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