Legal Question in Credit and Debt Law in India

Hello sir/madam,

my uncle has suddenly tells me he has a xerox copy of a torn IOU for 8000 Rs (year 1996) in my dead father's name (dead since 2003).. and that the interest is 2% per month.. He has never mentioned this before and no one (my mother or sisters) has any knowledge of this alleged debt.we are simply shocked!.He has not shown me the debt note nor has he actually made any demands yet, but I would like to know what trouble he could cause..My father did not have any property or assets to leave us..can my uncle claim from me (only son) or my mom? does any limitation apply after so many years?

Any pointers would be appreciated..

Thanks a lot in advance!


Asked on 3/16/11, 4:46 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

the claim of your uncle on the face of it is time barred. Limitation has to be counted from 1996 up to three years. Second, he only holds a xerox copy. thirdly you have not inherited assets, why would you take liability. Your knowledge or knowledge to your mother and sister does not even matter. YOu may politely mention to him that your father never mentioned about any such liability. so, he better not claim once father is dead eight years back.

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Answered on 3/16/11, 6:46 am


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