Legal Question in Credit and Debt Law in India

My father borrowed rs.50000 from a man by lending a rent agreement.he paid that money and got that agreement back.But that man filed a suite gainst him for interest money to be paid.Now my father has passed away and that man has filed the suite that i have to pay that amount.My father signed a token on a small piece of paper that he shall pay 30000.but he is now telling to pay rs.100000 to me.He has no proof except that small piece of paper.That he may duplicate 2.No stamp paper,mortgage,agreement nothing.So what should i do in this matter now.I don't think i have to pay as i have not borrowed also there is no witness of anything.please help


Asked on 5/13/12, 9:55 am

1 Answer from Attorneys
BHARAT NARASGOUDA BHARAT NARASGOUDA

Sir, see if proper stamp duty is Paid and if no proper stamp duty is paid than the document will be in admissible in evidence and further if there is no clause in the agreement to pay the interest than you do not have to pay the interest. Further if there are no witnesses and if only on the basis of paper he has filed the suit contest and get the case dismissed with heavy costs. If a person is not having a money lending licence he cannot be allowed to claim interest see if he is having a money lending licence.

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Answered on 6/12/12, 7:06 pm


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