Father's debt
mayank
(Querist) 13 November 2014
This query is : Resolved
My father is taking debt from moneylenders by giving signed cheques and promising them to refund. He don’t repay them and lenders are filing case on my father’s name which I need to repay with heavy interest (almost double in each case) to help my father coming out of it. This is on-going since 2005 and my father is not telling us the truth/ reason of taking money from market and without our knowledge he is continuously doing so. Some cheques are even 3 years old with date left as blank on them. He is even giving blank cheques to people for money and we are paying them later with so much interest rate. There is now no property left on my father’s name and there is only one house left with my mother name. My father age is 63 and he is retired now.
Please suggest some way to solve this problem so that we won’t be liable to pay any of my father debt in future and there will not be any legal liabilities on us. We are now even ready to get my mother separated legally from my father, does it help?
Can we also publish some circular in newspaper for not lending him any money or in case if found any, we won’t be responsible?
Please suggest some ways.
Devajyoti Barman
(Expert) 13 November 2014
The case would be decided on respective merit on the same.
Your father is liable to repay the debt and you being his son have moral responsibility if not legal to help him out.
mayank
(Querist) 14 November 2014
It seems as my father is getting blackmail and forced to pay amount. Since he is not telling us truth behing taking this money from market, we are looking to sepearte him from us legally. Can you please help to tell the process to declare him mentally unfit for future?
Devajyoti Barman
(Expert) 14 November 2014
Why are you so desperate.
Discharge your duty as a son and stand his side to give protection.
You are striving to leave a person for which you have seen the light on the earth.
I pity you.
mayank
(Querist) 14 November 2014
Devajyoti Sir, I am protecting him for the last 10 years and till now given around 30 lakhs of rupees. We are worried because it’s not ending and there seems no end of this mess.
It seems as if somebody is cheating/blackmailing him and we are not able to find the root cause of the problem.
ajay sethi
(Expert) 14 November 2014
refuse to make any further payments . since your father does not have any property left in his name and he is retired he wont get any loans if you refuse to repay them
mayank
(Querist) 14 November 2014
Thanks Ajay Sethi, but moneylenders are registering case in court and it led to issue a warrant on his name. In order to save him from jail, I am paying them and this process is on going.
mayank
(Querist) 14 November 2014
Some more suggestions are also invited... I am too tensed and suffering a lot since last 10 years from this problem.. Please help.
Sudhir Kumar, Advocate
(Expert) 14 November 2014
"I am protecting him for the last 10 years and till now given around 30 lakhs of rupees. We are worried because it’s not ending and there seems no end of this mess.
"
You cannot protect anyone from committing suicide time and again.
Let all the cheques be bounced andlet him go to Jail.
You cannot mortgage you entire life's future earning for his luxury ( as you told he is not even telling why he needs money)
Sudhir Kumar, Advocate
(Expert) 14 November 2014
"my father is getting blackmail and forced to pay amount"
No.
He is in all probability leading life of less than gentleman and borrowing in such a manner which he cannot repay.
Sudhir Kumar, Advocate
(Expert) 14 November 2014
"I am too tensed and suffering a lot since last 10 years from this problem"
If you do not stop paying his debt you will suffer entire life.
Sudhir Kumar, Advocate
(Expert) 14 November 2014
see advise on
http://www.lawyersclubindia.com/experts/Publishing-a-circular-in-newspaper-507426.asp
