Legal Question in Credit and Debt Law in India

Forced payment

Hi ,

I read your post on the site about the free legal advice.I am in serious need of a legal advice.The facts of the case as follows:

1.I am an old woman of about 57 years with no source of income and currently survived by my two sons.My husband passed away on 17/10/05.He was an bank ex-serviceman and my after his bank job did the small business of financing the money.He basically took money form people and passed on to others charging a small fee.

2.He died unfortunately in 2005 sue to a sudden heart attack.Now,after nearly one a half year after his death, I have recieved a legal notice from a person saying that my husband and myself has taken a laon of Rs.50 ,000 in March,2004, which has not been repaid.He has also written that he has a written declaration of my late husband to it containing his signature.

3.My husband knew him and did business with him.He may have taken a loan from him as his business and that person would have him in writing to him.But,my husband had definitely repaid him in his lifetime only.Now, the problem is that in such small petty business of financing which is not orgainsed,the receipts are not taken on payment.Moreover,the promissory note is also not cancelled due to sheer faith.Now, the per


Asked on 3/29/07, 8:15 am

2 Answers from Attorneys

Re: Forced payment

Did your husband has left any asset? if he did not and if you did not inherited any property left by him then you are not required to pay any debt of your husband but if you have then your liability to the extent of benfits drawn by you from your husband's assets. You must have to prove these facts and also to counter the foul play of the person mentioned by you. Take advise of a competent Advocate.

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Answered on 4/04/07, 1:22 pm
G. M. Gupta gmguptaandassociates

Re: Forced payment

you have to show papers and consult a lawyer. it would be difficult and inappropriate to reply in absence of papers

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Answered on 4/28/07, 10:29 am


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