Bank Locker Deceased Claim
MY bank is harassing my father for last 15 years to claim his parents belonging from locker for deceased claim, we have given lot of notices and complied all requirement as when asked by the bank but
2 years ago
A. Dear Sir,
You may approach High Court to resolve the issue otherwise it will be kept pending by the buyers since it has become casual for them as nobody questioning their monopoly attitude in the Courts.
Advocate Sinjari Bandyopadhyaya
Credit & Loan Agents harrassing me
Hello sir, Currently I am jobless. Due to this I unable to pay EMI. But collection executive harassment Daily. My Health Condition also very bad now. I submitted my health reports to the bank and i
2 years ago
A. Dear Sir,
Remedies against harassment by Recovery Agents
February 18, 2021
Written By : Kishan Dutt Kalaskar Retired Judge
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There are numerous cases of the oppressive and illegal conduct of recovery agents attempting to recover pending dues for the banks' benefit. In the past few years there have been many such instances, to showcase an example, an 81-year-old woman was seriously threatened by recovery agents, she got 375 threatening calls concerning her child's unpaid bank dues. ...ReadMore
Related succession
Sir, recently my aunt Mansi died by heart attack she was unmarried and she had no child nothing but in her all savings account she nominated my mother but my Mama is claiming in the name of nani so ca
2 years ago
A. Dear Sir,
Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, ...ReadMore
Advocate Sinjari Bandyopadhyaya
Can anyone help me in getting the Legal Heir certificate from the court?
Can anyone help me in getting the Legal Heir certificate from the court?
2 years ago
A. Dear Sir,
There are two types of legal heir certificate one is legal heir certificate issued by Revenue Authorities or nearly a notarized legal heir certificate on E-Stamp paper. Secondly, it is succession certificate under Section 372 of Indian Succession Act as follows:
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Section 372 in The Indian Succession Act, 1925
372 Application for certificate. —
(1) Application for such a certificate shall be made to the District Judge b ...ReadMore
Advocate Sinjari Bandyopadhyaya
Suit filed willful default written off settled
I have taken 4 lakh education loan on 2013 for my engineering I completed my engineering in 2016 after that I started paying my emi I missed only2 emi and that missed emi was makup by paying higher am
2 years ago
A. Dear Client,
It is important to give notice to that bank asking for an explanation, and you have not said whether you received notice from the Court/ Debt Recovery Tribunal in this regard or not, because you must contest it with the relevant proof on your part. Let us know if you require any further assistance.
Thank you!
Advocate Sinjari Bandyopadhyaya
Cash Credit Limit
My father had taken a cash credit limit of 1.75 Lacs on Jan 2009, which he was unable to pay. Now that my father passed away last year that is 2002 and I have not inherited any property from him. the
2 years ago
A. Dear Sir,
You are not liable to pay any amount to the Bankers as it was personal loan and you have not inherited any property from him and also on the following principal of law.
'Pious obligation' means the moral liability of sons to pay off or discharge their father's non-avyavaharik debts. ... The ancient doctrine of pious obligation was governed by Smriti law. There is a pious obligation on the sons and grandsons to pay the debts contracted by the father and grandfather.
Hindu Succession ( ...ReadMore
Cheque bounce charge
My bank charged me for a cheque bounce due to NSF reason. As a player I was not at fault. The drawee paid the full amount through online transfer immediately afterwards, but refused to pay the charge
2 years ago
A. Dear Client,
There is no legal provision for the same. However, to recover the amount you may file a legal notice. If you have a written agreement for the payment you can use it in your favour.
Thank you!
Full & Final Settlement
In the year 2014 the SBI bank employee came home for settlement for credit card dues and told me that if I pay so and so amount the account shall be settled and we shall provide you with Settlement le
2 years ago
A. Dear Client,
In order to claim settlement for credit card dues from the bank, you will have to show the specified documentation. Since the documentation was not delivered to you, you may inform the bank of the same providing the cash receipt as verification for the payment. It may be an imposter pursuing fraudulent activities in the name of the bank. In such a case, you may file a complaint to report the fraud.
Thank you!
Regarding the Act of God Clause in Crop Loan recovery
Sir, I wanted to understand the Act of God clause in Loan recovery from the Bank. Crop loan or KCC loan was taken in the year 2016, but there was severe flood and landslides in my place in Kodagu dist
2 years ago
A. Hi,
If there was such a clause in the agreement, you can use that as a defense in court and save your property. You have to refer to the agreement deed and in case of any further advice, please contact a lawyer.
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Freezing of Company's bank Accounts unilateral by minority 49% shareholder
The Director of the Company who was spouse and also Director and 49% shareholder of the Company leaving abroad. The Majority 51% shareholder and Managing Director of the Company at the time of freezi
2 years ago
A. I will have to look in to the Companies Act of Tanzania to figure out the rights of the minority shareholder plus the banking laws of Tanzania that how enabled they were legally to take that action. But on a general legal premise minority shareholders can not approach the bank asking them to freeze the account as they would not be having the authority to do so, unless allowed under local Tanzanian law.
At the same time the bank did not receive the request to freeze either form the singatories or ...ReadMore