Legal Question in Family Law in India

loan issue


from 15yrs My uncle & aunt is not staying with us.

& 5yrs before my aunt took a loan from her previous employer &

that time she given our home address for making agreement.

after taking loan, she didn't pay her loan to her employer till now.

2yrs before her employer file case against her. that time we recevied

notice from court posted at our home. we just pass this notice to aunt

& told her to solve matter ASAP.

after that 15 days before employer got court order to seal our home because of unpay loan amt

& employer came with his lawyer & inspector to seal our home. that time

i convey to eployer we will pay 50000 at that day evening & balance will pay before 31st

lawyer written undertaking as my name.

now i want to ask you

how do i face this type of problem

without filing case in court or if she is not able to pay balance amt before 31st of may

the home owner is my grandma & i asked to my local lawyer

he said if you want to sovle this issue you have to file case against her,

but we don't have that much time & money to file case.

could any one suggets me if she is not able to pay balance on time.

thanks in advance

Asked on 5/28/08, 6:44 am

4 Answers from Attorneys

Re: loan issue

Merely giving your address in loan papers does not make you liable to pay the loan amount or make you liable to give any udertaking.Probably you are subjected to some foul play by your aunty.Firstly ascertain the position and then act accordingly.

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Answered on 5/28/08, 7:41 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: loan issue

I am surprised that if the owner is the grandma and not your aunt how can employer seal house for loan taken by Aunt. You are in no way liable to pay the loan. check what exactly it is.

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Answered on 5/28/08, 7:59 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: loan issue

Now this is unbelievable. You are been used in this play. There is no question that you are liable to pay the loan amount by furnishing your address.

Truly Unbelievable.

Contact a lawyer as soon as you can.

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Answered on 5/29/08, 2:01 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: loan issue

The repayment of loan is not your liability; and if the home is not in her name, she could not mortgage it; the attachment of the house is wholly illegal and null and void; there cannot possibly be any decree either against any of you or against the house unless she had forged some one's signatures;

you should insist upon showing the mortgage documents and should not have made any payment.

the remedy will of course be available through a court of law seeking a restraining order against the employer from enforcing the decree against you or the house.

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Answered on 5/28/08, 1:04 pm

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