Babu (business man) 03 April 2012

Reply procedure to legal notice

Sir,

My father had 5 acres of land in his control for his expenses and he lives along with my younger brother in my native village. my father is completely in bed since 2008 onwards.My brother has sold out some common properties without any intimation and also kepy some ornaments in bank for loan. My father was died in sept 2011.Recenly i have recived a notice from an unknown person that he has given Rs 4 Lakhs as loan @ 24%pa to my father in year 2009 for medical expenses. He has sent same letter to my brothers.Now he has asked for repayment. I am fully unaware of it. I've asked my younger brother about this. My brother is saying he has taken it for my father medical expenses. But he has never said about it before and Iam sure all this is fake.

Now my queries is "In what way i have to respond to legal notice"

pls reply

Reply Follow

6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 03 April 2012

You are liable for your father's debts, only insofar as you recieve ancestral property from him in inheritance, in equal respects as your brother. If you think that this loan transaction is a farcical transaction, then deny it outrightly. The plea to be taken in reply can be suggested after having a look at notice. Consult a Local Lawyer

Arvind Singh Chauhan (advocate) 03 April 2012

Nothing left after the opinion of Mr Chug.

Babu (business man) 05 April 2012

Sir,can i give my own reply to the lawyer's address which was mentioned in the notice. or i have to contact any lawyer to give my reply

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 05 April 2012

24% per annum is usurious rate of interest. Is the person a regular money lender or a banker? I think that there are laws about lending maney and interest that can be charged.

Mahadeva Rao G (ADVOCATE) 02 May 2012

Dear sir, there are two issued mixed in this.

Firstly Your father having control over 5 Acres. Does it mean he has purchased the property and he was the absolute owner in possession and enjoyment of the aforesaid 5 Acres.

Secondly, your brother selling some COMMON properties ? How did he do that, was there any GPA ( registered ) given to him to execute sale deed on your fathers behalf ?? Without acquiring any kind right OR title over the property your brother cannot sell it whether it is movable or immovable properties.

Now after Sept 2011 i.e, after death of your father HOW MANY LEGAL HEIRS have inherited the property in question.

YES, ONLY IF IT IS PROVED IN COURT OF LAW THAT your father has taken a loan or he is indebted to some one lawfully, In that case all legal heirs are liable to repay the LOAN / DEBT incurred by your deceased father. Pls note that - NO LEGAL HEIRS have to shell out money from their self earned assets. THEY WILL BE LIABLE to pay ONLY TO THE EXTENT OF INHERITANCE FROM THE DECEASED ESTATE & MOST IMPORTANTLY the court of Law should pass an order to such an extent making the legal heirs liable. The ONUS of burden is purely on the so called SHAM CREDITOR ( as per your narration ) to fight out a successful legal battle for recovering the money lawfully from LEGAL HEIRS.

As per legal notice is concerned I strongly advise you to take professional help from Advocates and send technically strong reply notice immediately to avoid any future complications.

For any further clarification and professional assistance you can write to me on sohan1912@rediffmail.com or cal on 9845285555 in Bangalore.

With Warm Regards,

MAHADEVA RAO G,

ADVOCATE,

BANGALORE.