Legal Question in Credit and Debt Law in India

my father have problem by my granmother's debt he is "varasdar".my grandmother dies. so get arrested or not if he didnt pay the money .if he get arrested what is the civile procedure to challange order 21 rule 37 in gujarat


Asked on 6/29/12, 7:37 pm

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Sir

This is not a case where Criminal Law can be set in motion. Your grandmothers debts may be enforced in Civil Court, against your father, limited to the property inherited by your father from your grandmother, and nothing more. Yes, but if there is already a decree for recovery of money against your father, and upon execution of the same, if he failed to comply, then there are provisions for detention in Civil Prison, against which you can prefer writ petition before the Gujarat High Court. But normally Civil Prison is the last thing which courts normally dont order in civil proceedigns. But if it is so done, the same be challenged as above.

let me know should you have any query

Vivek N Mapara

Attorney

Gujarat High Court

Ahmedabad

www.vnmlaws.com

09426482371

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Answered on 6/30/12, 10:52 pm


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