- This topic has 46 replies, 17 voices, and was last updated 1 year, 4 months ago by
.
Viewing 9 reply threads
-
Posts
-
-
UMy father lent someone ₹4 lakh in cash, and that person returned the money via cheque made out to me about a year ago. Unfortunately, both of my parents have passed away. Now, this person is demanding the money back and threatening legal action. Am I legally liable to repay this amount? What can I do in this situation?
-
UThe money belongs to your father and therfore it belongs to you after he died. Let him make threats. Going through and taking legal action will only cost him more money
-
UBut there was no agreement involved, my father paid him in cash, I received that money in cheque, so should I be worried?
-
ULook I’m no lawyer but it’s common sense. He wrote your name on it, signed it and gave it to you. That must mean something right?
-
UPar woh police ko aisa bol sakta hai ki usne meri help kari hai aur abhi woh bas wohi paise wapas maang raha hai?
-
-
-
UDo you have any proof or witness thay your father loaned him that money or that when he gave you the cheque it was to repay the loan
-
-
-
-
-
UI encashed it last year, last year when my parents passed away, he gave me the money back, but now after a year he asking it back
-
UI will suggest consult a lawyer if you’re worried otherwise his story is only as strong as yours. You have no proof that your father loaned him that money, neither he has any proof that he gave you that money as a loan or that your story is false.
-
-
-
-
-
-
-
-
Ctell him to eat dick if you have already cashed it if not the cash it before he stops it and if it bounces file a case on him instead and for next time make sure to get an affidavit signed by anyone you lend to
-
UI have encashed it, mainne woh paise use bhi karliya hai, lekim woh mere upar fake case kar sakta hai kya? Ya mera bank account freeze karsakta hai kya?
-
Cbhai experience se bol raha hun kuch nhi hoga yaha hamare cases 10-10 saal chalre hai asli wale jabki affidavits bhi hai aur cheques bhe signed. bank account aise freeze nhi hota unless flagged accounts se transactions aati ho
-
-
-
-
DAdvocate here. There’s a presumption under the Negotiable Instruments Act, which covers cheques as well, that any NI paid is for a consideration. In simple terms, him paying you a cheque amounts to the fact that he owed you something and the liability to prove he didnt, falls on him, not you.
Id however recommend you cash the cheque, asap.
-
-
-
UAs per my understanding and knowledge
you father —> someone
someone —-> given Check to younow he is threatening for legal action
you have any signed any docs or something you should be worried,
other wise tell that someone to offfF
-
UNahi koi agreement nahi hai, he is telling me ki main tujhe cheque diya hai toh woh mujhe wapas kar, kyonki mere papa ne cash mein help kiya tha toh uska koi record nahi hai, lekin usne paise return kiye cheque mein toh woh bol raha hai ki woh meri complaint aise karega ki usne meri help kari thi, abhi usse woh paise return chahiye
-
-
ABoldo bank se jakar mangle . He gave you a cheque you cashed it , this is no case for him to fight on. He is just banking on you to return it. Though he might claim that he lent you money and want that money back you need to figure how to bust that claim maybe get a recording where he says that the money he gave you was a loan return
-
MSome friend your Father had. Immediately trying to take advantage of his friend’s son when he died. Listen you do not have to worry about this. First of all he has no way to prove that the money he gave was a loan which needs to be returned. You can just claim that you gave him some money in cash and that’s what he has returned via check. If not, you can simply claim this check as a gift from him, a gift doesn’t need to be repaid back. This is unless you have not signed any document. It’s legal terminology, you can check for yourself. Btw, how is this conversation happening, if via phone I would suggest you record it. Then tell him to fuck off and never call back again and do whatever he can
-
UYeh conversation face to face ho raha hai, woh uski wife dono dimaag khaa rahe hai, mujhe koi problem nahi hai bas woh bank freeze na karwade aur paise return na mange lawyer ya police ke help se
-
MBrother it’s not that easy to get a bank account frozen. You have to show fraudulent activity for it. Simply writing a check to someone doesn’t contribute that. Also if you are so paranoid, just remove all the money from that account and open another. Or only keep a minimal amount. Can’t you berate this people infront of everybody how they are being an assholes and trying to cheat you. You can still record them using the recorder app. Just start the recorder and keep your phone in the shirt pocket.
-
-
-
-
-
-
-
UNAL, I have been around all these legal matters for quite sometime now, cheque which was issued on your name and you encashed is is now yours he has no right to ask money back because there is no breach of any agreement if its a small amount he will not file any complaint but if its a large amount then he might file a recovery suit against you but burden of proof lies on him
-
UCan he file a police complaint and freeze my bank account? Kyonki kuch insurance ke paise aane hai ussi account mein
-
UNo he cannot, most he can do is to write an application to bank and then his bank will contact yours and ask your consent to reverse the transaction which you can simply refuse. Police cannot/will not freeze your account
-
-
-
-
HYou are not legally liable to repay the ₹4 lakh unless there is evidence that it was a loan given to you personally. The cheque was likely a repayment of the debt owed to your father, which you, as his heir, were entitled to encash.
If the individual files a legal case, they will need to prove their claim. Your lawyer can argue that the cheque was a repayment of the loan and not a new liability.
-
UCan he file a police complaint and freeze my bank account? Kyonki kuch insurance ke paise aane hai
-
HThe person can file a police complaint if they believe fraud or dishonesty is involved, but merely owing money or a disagreement over repayment doesn’t automatically lead to freezing your bank account. For your bank account to be frozen, there would need to be a valid court order or criminal charges proven.
If the issue is about insurance payments, it’s unrelated to their claim unless a court orders it. To protect yourself, consult a lawyer to ensure your account and assets remain secure.
-
-
UI don’t think even police will entertain such cases, on ground level they really avoid interfering in such situations
-
HWe live in a morally corrupt society. The person took a loan from the OP’s father and repaid it, but when he learned that the father is no more, he is trying to get the money back. Such morally corrupt people can go to any extent; you never know if he might bribe a cop and create a fabricated case, which wouldn’t have much merit.
-
-
-
-
-
AI am not a lawyer but Just because someone gives you a cheque it doesn’t mean you have taken a loan or you have to repay it.
You have nothing to worry about. Also, don’t fall into the trap of any lawyer who scares you.
Even if they file a case they won’t win since there is no document to prove anything.
-
PThe problem is your father gave him cash. Unless you can prove that this happened he can create any narrative he likes about why he gave you the cheque. It will be a civil matter though.
-
-
Umaybe try conversation on call and record it and also mention that your father gave it to that person in cash and he is paying back, at least you will have some kind proof
-
-
-
-
-
-
-
Viewing 9 reply threads