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Tushar   18 October 2017

Debt inheritance on legal hier

Hello All,

I have below query.

My father took vehicle loan from an co-operaive bank in 2005. He was paying his monthly EMI regularly.

But becasue of some medical issues he was unable to pay emi of July/August/September 2006, because of which the Bank seized the vehicle on september 2006 and without notification sold the vehicle to someone. 

6 Months later in Feb 2007 my father passed away and i forgot about this loan. Now they are coming now and asking for loan repayment

We did not inherited any property from our father.

I want to know if me or my mother is bound to pay this amount to Bank or not.

Thanks in Advance.



Learning

 3 Replies

Vijay Raj Mahajan (Advocate)     18 October 2017

The bank had seized the vehicle on the ground of non-payment of the loan amount, this was in satisfaction of the loan amount and no further claim can be made by the bank.

More so the loan amount was taken in the year 2005, and its EMI were being paid from that time itself. The non-payment of any loan amount and its recovery has to be done within 3 years from the period it becomes due (July, 2006 onwards). The time limitation for filling suit for recovery of any cash debts is 3 years according to the Limitation Act. In the present case in the year 2017 after more than 11 years no bank will seek the repayment of loan amount.

What actually happens in such cases there are few Goons who operate as recovery agents for the Banks and other Financial institutions, these Goons search out for dead loans which are assigned the status of bad debts by these institutions in their account books, they collect the details of the debtors and start harassing/threatening them by making calls and visiting them at their place of residence or work which ever they got. These Goons even harass the other relatives and guarantors of the debtors.

If you check with the concerned Bank they will tell that there is no demand made by them for recovery of debt taken by your father and the debt got recovered after the vehicle was taken by them from your father's possession. After clarifying all doubts with the bank, if you still get the calls from the so called Bank agent, lodge a criminal complaint against that person for criminal intimidation.

 

Tushar   18 October 2017

Thanks a lot Sir, i really appritiate your response.

Actually i got call from bank people only. we are getting notice from the Bank itself.

How can i put myself in strong position so that if they ask anything i will be ready with the answers.

When they Seize our vehicle they didnt even gave the ad in newspaper before auction, and when the auction happend we didnt even intimated about it, and we dont even know if the auction really happend or not.

Now i got one notice from them that they will be coming this month end to seize the house. There is not property on my fathers name.

and the notice is still on my Fathers name. i am totally confused how can they send notice where its written 
"To , Late Mr my Father name", is this legal to send notice to a person who is no more.

 

Thanks in advance.

Vijay Raj Mahajan (Advocate)     18 October 2017

Unless the notice received by you is checked no further comments can be made here. Reply to the notice should be given by lawyer.

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