Are Family members of a deceased liable to repay an Unsecured Loan?
Are Family members of a deceased liable to repay an Unsecured Loan?
My father passed away a little over a year ago to covid and he had a personal loan against a credit card from Standard Chartered bank. A month after my father passed away I went to the nearby branch o
Posted 2 days ago
A. Dear Sir,
'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 (Amendment) Act, 2005- Rights & Liabilities of a daughter member
Section 6(4) provides that no court shall recognize any right to proceed against a son, grandson, or g ...ReadMore
Debt stamp paper agreement crossed 5 years
Dear Sir/Madam, I got to know that money recovery suit is valid for 3 years from the time of debt given. I am the surety person and had to pay the amount with interest because principal debtor not pai
Posted 1 week ago
A. Dear Sir,
Yes, but your signature in the capacity of surety also require otherwise the principal borrower only required to be discharge the loan. Your liability no longer continue after three years unless your signature is taken on renewal form.
Advocate Anik
Bangalore
Debt recovery - My uncle had to give 50000 by Court decree
My uncle had to give 50,000 by Court decree to his 1st wife. That time he was helpless and about to go to jail. By his humble request, my mother helped him to get debt by standing as a surity. He writ
Posted 1 week ago
A. In my opinion ma'am, you can file for a case, but there is no sureity how long the case can go on, and you might be able to get back all the expenses, but there is not sureity again.
Advocate Anik
Bangalore
Kishan Dutt Kalaskar Retired Judge
Bangalore
LOAN APP HARASSMENT
I took a small loan of 10 k and it was due on the 20th of September 2022 ... however the agents started calling me today from Morning.. they were harassing me to pay thr loan I told them the Due date
Posted 1 week ago
A. 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. After that, she moved to the police, and a case was filed against these agents. Another incident quoted as per media reports stated that a ...ReadMore
Advocate Anik
Bangalore
Kishan Dutt Kalaskar Retired Judge
Bangalore
Bank business loan settlement
I had taken a business loan with no collateral. Due to covid the whole business got crushed. All the business assets and a personal land asset were lost due to non payment of other loans. So no way to
Posted 4 weeks ago
A. Sir in my opinion, since you're being harassed by the recovery agents, an injunction suit against the bank and recovery agents can be filed. A civil injunction suit with an ad-interim relief can be filed in the civil court against the bank and recovery organization. It should be possible to guarantee that bank authorities and recovery agents so that stop harassing you, and look into your situation to settle the problem
Advocate Anik
Bangalore
Harassment - my father had taken a loan of 50k
Hello my father had taken a loan of 50k from one of the employees of a showroom working opposite to his shop...due to COVID his business was low and was not able to pay the rent hence he took the loan
Posted 1 month ago
A. In my humble suggestion, you should lodge an FIR against the person for threatening and harassing your father before the local police station.
Advocate Anik
Bangalore
Subhashis Paul
Kolkata
Kishan Dutt Kalaskar Retired Judge
Bangalore
Harassment, credentials theft,money extortion,illegal debt collection procedure
I have taken loan from online lending platforms like yes cash, cadh mart, rupee tiger, golden rupee, cash samosa etc. for the purpose of improving my CIBIL score as well as usage against miscellaneous
Posted 1 month ago
A. Dear Client, there are several such cases where recovery agents call and harass people like you, and in such cases you can take legal action. However, talk to the company's representatives/manager or authorities, and try for some sort of settlement. Hope this helps!
Advocate Anik
Bangalore
Friend refusing to payback loan
I gave a loan of 7 lakhs to my friend by online transaction but didn't sign any agreement. Now he's refusing to payback and saying he'll say he paid 20000 cash every month. What options do I have now?
Posted 1 month ago
A. Dear client, do you have anything recorded or captured, like transaction through upi apps, etc? or did you give in cash? Also, do you have statements from their sides chatting with you on call or talking on phone that they havent but will give payments? Let me know in detail, so can help you accordingly. Thanks
Advocate Anik
Bangalore
Recovery agents harassing and abusing random relatives
What to do if recovery agents are misusing your contact details? I went to local police station but the refused to file a complaint stating that pay your debt and get away from these recovery agents.
Posted 1 month ago
A. Dear Sir,
Remedies against harassment by Recovery Agents
Written By : Kishan Dutt Kalaskar Retired Judge
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. After that, she moved to the poli ...ReadMore
CREDIT CARD - have pending due since few years with ABN AMRO
I had have pending due since few years with ABN AMRO and Barclays for credit cards. BUt Now I am getting SMS and calls from Kotak Bank PHOENIX ARC Agency. They sneding msgs like this : This is to Inf
Posted 3 months 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 unp ...ReadMore
