Right of heirs
kunhi marakkar
(Querist) 30 December 2020
This query is : Resolved
One person was borrowed 3 lakh rupees from my father in his life time .but he didnt give back the money. my father died few year ago .after that we got an old agreement between father and borrower on said deal. can we (children) claim that amount thru civil case?Is this agreement (10year old)valid to get back those money?
Isaac Gabriel
(Expert) 31 December 2020
The claom is tome-/ barred now.However, try for amicable settlement within the family.Otherwise you will have to file civil suit.Any way cosult a lawyer with ducument.
Advocate Bhartesh goyal
(Expert) 31 December 2020
Though after demise of your father you could initiate legal proceedings to recover the loan amount but now claim is time barred and you can not legally recover it.
Rajendra K Goyal
(Expert) 31 December 2020
Claim is time barred till admitted by the said borrower in previous three years.
P. Venu
(Expert) 31 December 2020
Yes, the claim is barred. Anyhow, you can try your luck by serving a legal notice.
Guest
(Expert) 31 December 2020
When there would be Justifiable Reasons Legally Acceptable the Time Limit or Limitation would be Excused. Refer the Judgement in High Court of Chattisgarh at Bilaspur -- First Appeal No 374/1989 -- Bhartiya State Bank VS Bhanjan Singh & Anr Orders pronounced by Honorable Justice Shri Goutam Bhaduri on 22nd July 2014.. The appeal was allowed for the Suit which had been dismissed for the reasons as barred by Time.
P. Venu
(Expert) 31 December 2020
The above mentioned condonation of delay had been in an Appeal. Provisions of Section 5 of the Limitation provides for condonation of delay in Appeal, Applications etc:
"Section 5. Extension of prescribed period in certain cases.Previous Next
Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.
Explanation.--The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section."
However, the above provision does not make any mention of an Original Suit.
However, exceptions could be sought in terms of other provisions of the Act. The aspect of limitation only creates the disability to sue. The debt , as such, is never liquidated or wiped out.
