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Anonymous

posted 1 year ago

Q.Advise
Dear Sir,

I am K Rajesh stay in hyderabad and I need an adivce from you sir. few months back my father expired and he used to work as a drive in a private company. After his death one person came to us saying that my father has borrowed some 2 lakhs amount with him with some xyz interest and my fathers ATM card was with financer and we have blocked the card and he withdraw some amount as a interest and message from SBI bank came to my father mobile and we came enquired and came to know that financer withdrawn the amount as n interest and immediately we after went to bank and blocked the card.
Now we are a poor family and my father is actually a govt. driver retired pensioner. Financer is regularly calling us and asking to pay the interest and settle the 2 lakhs amount to him.
Please suggest us what to do ? should we have to pay him or ignore him.

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 5 months ago

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A. ) dear client in your matter Ask the financier whether he has any written agreement for such borrow or not. If he doesn't have such agreement. Register an FIR against the financier for stealing the ATM Card and withdrawing amount without intimation.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 year ago

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A. ) Dear Sir,
Just ignore. He cannot prove any thing in the Court. Send message to him to Civil Court and if harass police would be filed.

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NILANJAN CHATTERJEE

Experience: 5 Year(s)

Responded 1 year ago

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A. ) Ask the financier whether he has any written agreement for such borrow or not. If he doesn't have such agreement. Register an FIR against the financier for stealing the ATM Card and withdrawing amount without intimation.

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Nirmal Chopra

Experience: 20 Year(s)

Responded 1 year ago

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A. ) First of all check with the bank regarding alleged receipt of money as loan.If the transaction is cash based, then there must be proper documentation. No financier gives money without proper documentation. Also ask financier for documents regarding alleged receipt of money by your father. If the financer is not able to produce proper documentation, then wait and let him go to court.if he threatens, file a complaint with the police. Civil claims have to decided by civil courts as per law and not by giving threats.

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Ambrose Leo

Experience: 9 Year(s)

Responded 1 year ago

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A. ) Your case is serious with many Act & Law are involved, It is better to take advice & help of a professional NI & Company and Financial & Banking senior Lawyer quickly.

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Johnson Thangiah

Experience: 18 Year(s)

Responded 1 year ago

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A. ) Sir,
First file police complaint and take criminal action against that person.

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Prabhakara S K Shetty

Experience: 19 Year(s)

Responded 1 year ago

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A. ) If the ATM withdrawal was after death of your father, you can give a complaint to the Bank and to police as well, with the name snd address of person who had ATM card.

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Anonymous

Replied 1 year ago

We have blocked the ATM card and at that time we have not thought any thing to file a complaint but now that person (financer) is calling us regularly to settle the amount. We don't know with whose security the financer gave money to my father or my father was involved as a guarantor. Does he have a right to procced legally and complaint on us. Please advice how to solve the problem.

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Prabhakara S K Shetty

Experience: 19 Year(s)

Replied 1 year ago

He cannot complain, but he has a right to file a civil case against you if he has proper documents and you will be liable to repay only if your father had spent such amount on you people. take legal advice from local lawyers if you recieve a legal notice or court notice.

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