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Dear Experts, Kindly suggest a way out on my family issue which may land me in legal trouble in future if I do not do anything now. My father who is 61 years of age and is a heart patient, has taken a loan of approx 40 lakhs in past 10 years and suffered huge losses in the family run small shop where my father and his brother (my Chacha) is a co-business owner. The loans are either taken from individual persons or from private financers on very high rate of interest varying from 4% to 8 % monthly (not annually) and my father himself has provided all the guarantee and blank cheques to the financers. All his earnings are now going only in repayment of interests and the actual principle amount is getting increased day by day. Now due to family dispute my chacha is asking him to have the shop and business division which wud bring all the unsecured loan on my father's shoulder. In case of any mis happening the repayment will come on the kids of the loan taker. Kindly suggest a legal way out to overcome the issue so that the loan repayment do not come on the kids Thanks and regards

A. File for an injunction.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Dear Sir/Madam, I have taken personal loan from a private bank in 2017 , I lost my job in 2018 June still i tried to clear all my emis even when I was in financial crises but sir I invested all my savings now i don't have option because recently I got employment but same I ay pay emis for next 6 Months because it's on contract basis hence i request you to suggest me what should I do. I need free suggestion

A. Dear Sir,
You may ask them to approach Civil Court. It being a civil matter they cannot force you to pay the same immediately.
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I am having loan outstanding and Credit Card outstanding. A year back I had to leave job due to sickness. Still I was paying my loans and credit card using my personal. For the past 4 months I am unable to pay and hence faced calls from lenders and house visits. Now I have recovered from my sickness and looking for jobs. What I have taken from the banks I want to pay back but I need time, if I mail them they bluntly says they don't holiday period. So I consulted a lawyer he said we can file a case saying that 1. Not to disturb me for certain period and I will pay them after that. My questions is there a law which will give me time and also relief from the house visit executives. If so how much time will I get. What happens to the Interest? Will it shoot to a HUGE AMOUNT for the time I get to pay or start repayment. My intention is not to cheat, what I owe I will repay at any cost. For that I have to earn and have a peace of mind to earn it and pay them back.

A. Talk to the bank authorities and convince them.
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Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
J S  Pawar
J S Pawar Experience: 3 Year(s) Mumbai
J S  Pawar
J S Pawar Experience: 3 Year(s) Mumbai
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Juhi Pandey

Posted 1 month ago

I have started business and have taken so many loan from different different financial institution and have 4 credited cards on which we have overall 30 lacs .Due to business losses I shud my business .i do not have any penny to pay I sold out my car and asset of business I do not have anything to pay I started working but salary I was get in only sufficient to bear my day to day expense. Pls advice.

A. Job or salary is not coming to ur rescue. Only u can survive on it but business problems not going to b solved entirely. Start some other business legally n explore some Govt or Banking helps/subsidies etc. Regular flow n expense of money would give u way out from present crisis. For further n additional advice plz call or sms on 9867368378 or 9221459697. This is ex Army person Advocate JS Pawar practising in High Court Mumbai. Advice without prejudice n to b taken in one's own feasibility....
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hi, one of my friend has taken a loan from a private money lender, there is a amount of 60000 left to be paid now that person is charging ten percent of interest and made this amount around one lakh fifty thousand as my friend has not paid interest from last eight months now this lender is sending guys to my frnd residence and throwing abusive language as well as sending him text that he would kill my friend as and where he will se him, he brought twenty around guys with him made a lot of noise and voilence ib front of his house, my friend has left his house and out of delhi bevause of thi money lender, plz suggest what should he do in this case, my friend has no income source and he has become defaultet also he is going a through a big financial crisis. plz help

A. Lodge a police complaint immediately.
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Anonymous

Posted 2 months ago

I and my husband are jobless since March, during this tenure we did settlement of our loans. Even after being jobless we were paying, but now unable to pay. These people are harassing over the phone and they cone to our place and harass us. We are not denying to pay, but currently we are not having money to pay them. Kindly advice

A. You should do the following things

1. Write a police complaint and complain about such harassing agents.
2. Write a letter to the bank and also send a copy of the same top the RBI [Attach the Police complaint with this]
3. If the bank does not take any step, you can further move the banking ombudsman by way of a written complain and send a copy of the same to the bank and also RBI.
Thanks
Adv. Shreyash Mohta
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Bankruptcy and Debt I had credit card outstanding Rs. 4Lacs, which I am unable to pay due to job loss, bank approached for settl ET ement to 2 lacs, which also I couldn't pay. I am finding very difficult to meet even day to day basic expenses. Now I got notice from district legal services authorities to. Appear on 13/July 2019. Please suggest what to do J J Soni Nagpur

A. Please do appear and also file a bankruptcy and insolvency case.
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i have stood as co borrower for Car loan for My colleague living in same city at one place, now he resigned and shifted to other place. i want to withdraw as Co borrower for car loan , loan is disbursed in Feb 2019. kindly suggest

A. Dear Sir,
You have taken a wise decision. Get issue a legal notice and withdraw.
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Pankaj Kori

Posted 2 months ago

Hello one of my friend borrow money from me and I had made memorandum of understanding he also signature on it along with his copy of pan card. But now he denies to pay money by giving some excuses like go and file a case against me I tell them Im insolvent I dont have anything to pay. So what to do please help

A. Send a legal notice and then file a money suit. You have to pay Court fee depending upon the amount claimed.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Sayaree  Ganguly
Sayaree Ganguly Experience: 2 Year(s) Hooghly
ask_a_question

Anonymous

Posted 2 months ago

Dear Sir, I just want to know if someone loose his case in Honable NCLT Court , can he file money suit in civil court even when NVLT orders against him

A. I presume you filed the case at NCLT under the Insolvency and Bankruptcy code 2016. In such case you are entitled to file money suit even if you have lost at nclt. Consult a good Corporate Lawyer.
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Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Prashant  Gupta
Prashant Gupta Experience: 11 Year(s) Chandigarh
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