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RAHUL   16 January 2019

Patpedhi loan issue

DEAR SIR,
I M RAHUL SHAH. BIRTH YEAR IS 1977. IN THE YEAR 1997, ONE OF MY FRIEND HAD TAKEN LOAN OF 15000/- FOR BUSINESS PURPOSE FROM A PATPEDHI. HE TOLD ME TO SIGN AS WITNESS ALONG WITH ANOTHER PERSON WHO WAS A WELL NOW IN THE AREA. I HAD SIGNED THE IT AS THE OTHER PERSON SIGNING WAS A STRONG PERSON. AFTER 2 YEARS MY FRIEND HAD SUDDENLY CLOSED HIS SHOP AND RAN AWAY. NO ONE KNEW WHERE. IN FEB 1999. THAT PATPEDHI SEND ME A LETTER STATING MY FRIEND HAD NOT PAID EVEN THREE INSTALMENTS AND AS A SURITY WE HAVE TO PAY IS LOAN AND INTEREST. THEY SCARED US THAT THEY SELL OUR HOUSE AND ALL THOSE STUFFS. I WAS ONLY 19 YEAR AND WAS IN COLLEGE, WHEN I HAD SIGNED NOT KNOWING I WAS SURITY AND WHAT ARE THE CONCEQUENCES. STILL THEY THREATEN ME TO PAY AND SOME HOW I MANAGED TO PAY 50% OF THE OUTSTANDING TILL YEAR 2000. THEY DID NOT HAD THE COURAGE TO ASK FOR THE REST OF THE 50% FROM THE OTHER SURITY AS HE WAS THE BROTHER OF CORPORATER OF THE AREA. AFTER THAT IN THE YEAR 2005, I GOT A GOOD JOB AND WAS ABLE TO FIND A NEW HOME IN TOWN. THEY DID NOT BOTHER ME TO FROM THE YEAR 2001 TO 2006. BUT NOW SUDDENLY THEY ARE LOOKING FOR ME AND ASKING TO PAY BACK THE BALANCE AMOUNT. THE SECOND SURITY IS STILL IN THE SAME AREA. BUT THEY ARE NOT ASKING HIM TO PAY. I CAME TO KNOW FROM THE PERSON WHOM I HAD SOLD THE OLD HOUSE THAT THEY ARE LOOKING FOR ME. AFTER 18 YEAR HOW CAN THEY ASK ME TO REPAY. KNOW WHAT AM I SUPPOSE TO DO. PLS ADVICE

RAHUL SHAH



Learning

 6 Replies

Isaac Gabriel (Advocate)     19 September 2019

You are being harassed as the limitation period is over. You can complain to Police if they continue.

RAHUL   07 November 2019

Thank you sir for your suggestion.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     09 November 2019

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting Documents & Witnesses.

2.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

kbc winner   11 November 2019

An intriguing discussion is definitely worth comment. I believe that you ought to publish more about this issue, it may not be a taboo subject but typically people do not speak about such issues. To the next! All the best!!

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Sudhir Kumar, Advocate (Advocate)     16 November 2019

They have lost limitation period to sue you.  Or else they could recover from you.

 

Now they can sue you within 3 years when you admit/cknowledge liability to pay or show agreement to pay.

Sankaranarayanan (Advocate)     24 December 2019

i do endrose the experts suggetions


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