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lnmr babji   31 December 2023

Promissory notes and legal heirs

My brother has borrowed some amounts at different time and signed on some promissory notes. Now he passed away. Lender has filed a law suit for attaching the property for the said amount. My brother's wife has signed on two promissory notes but unaware of other promissory notes. Also signatures seems to be differing on promissory notes. How we can proceed?



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     31 December 2023

If you suspect the signatures to have been forged then you can file a petition before the trial court to send the papers to forensic department for expert's opinion towards the genuineness of the signature.

It is a matter of trial proceedings hence you discuss with your advocate about the strategies to be adopted to challenge the case.

lnmr babji   31 December 2023

Thanks a lot for the reply. If the signatures come to be true, whether my brother's wife is liable to pay by selling the house(which is in the name of my brother), property that has been asked to attach for clearing the debts.

Advocate Bhartesh goyal (advocate)     01 January 2024

Yes,your deceased brother's legal heirs are liable to repay the loan amount .

Dr. J C Vashista (Advocate )     01 January 2024

Well advised by experts, I agree.

LRs of deceased borrower are liable to repay the amount of promissory note(s).

However, if signature of your brother are (actually or suspected) to be forged, besides filing application before Trial (same) Court, file a criminal complaint through your lawyer. 

lnmr babji   01 January 2024

Thanks a lot for replies.


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