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Shakti Shroff (Software Engineer)     12 March 2011

Personal Loan Repayment Issue

Hi,

This is on behalf of my friend named Tushar who stays in Nasik. His father had taken some personal loan from some Patphedi (private institute). His father has got retired and due to finanacial problem they can neither pay interest nor principal amount. So I want to know

a)whether Patphedi can take any legal action or file case on his father and/or what could be the consequences.

b) Also they have a small flat in his and father's name. So can Pathpedhi force them to sell their property and repay the loan.



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     12 March 2011

If there is any document pertaining to loan financer can file a civil suit for recovery of money and he can get attach the property before judgement.  It is better to transfer the property to anybodys name .

Deekshitulu.V.S.R (B.Sc, B.L)     12 March 2011

Mr Rajeev

If they follow theadvise given by you, would it not become an act of insolvency, and in that case the document will be set aside and the same problem will arise. Better in this situation to negotiate with the lender and settle the score.

CHANDDAN TANDON (AS A CRIMINAL LAWYER)     12 March 2011

this is very serious problem in this case private institution has two option 

(1) - private institution can file the criminal case u/s 406, 420ipc against your father..............

(2)- for recover his loan amount and interest from your father they can file the civil suit .........

 


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