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HWorst case scenario would be that bank will take possession of the mortgaged property and auction it to recover the dues. However, it will have to be done through legal proceedings and you will have a chance to defend it. These proceedings can take a long time.
If you want to save the properties, the best option would be to ask for a One Time Settlement (OTS) from bank and request the bank to settle for less than the total outstanding amount.
Declaring your brother bankrupt is not an option, because as on date, Insolvency & Bankruptcy Code only applies to companies and is not yet applicable to individuals. Also, you cannot transfer the mortgaged property without consent of the bank. If you somehow manage to transfer the property, such transfer would be considered fraudulent and may land you in more trouble.
HForget the loans taken by your brother and let him handle it. You and your mother need to focus on loans in your name, and if your brother has taken them without your consent, then take up that defence. Each loan would be a separate legal proceedings and no one will be able to give accurate advice without seeing loan documents.Frankly speaking taking loan for gambling in stocks is the worst thing anyone can do. Pretty sure he is in huge loss as intra-day is not something meant for normal people. Let him deal with the consequences of his actions or he will never stop if you guys keep bailing him out.
HMake sure all communications are in writing.Write a follow up letter to the office and seniors informing them of your medical condition and request them to approve leave. Attach all your medical reports as proof of the same along with doctor’s medical certificate stating that your father is not in a condition to work and requires treatment. If immediate seniors do not approve, then escalate to Divisional Manager.
If leave is still not approved, then get in touch with registered labour trade unions of railways and Railways Ministry for assistance.
In the event, railways take any coercive steps against your father for taking leave, you can file a Writ Petition before the High Court challenging the same.
HThe final outcome of the case would depend on the evidence adduced by both sides, and I cannot give definitive advice on the same without actually seeing all paperwork involved.However, as per the law, merely signing a cheque is not sufficient to establish liability under the Negotiable Instruments Act. The Complainant must also establish that a legally enforceable debt exists as against the signatory. Since your father is the one who took the loan, your mother can defend herself by denying liability and asserting that she is not responsible for repayment of the loan. Cheque bounce cases fall under criminal law, placing a higher degree burden of proof on the complainant for securing conviction.
That being said, if the matter goes to court, both parties will have to incur legal expenses. So pursuing litigation may not be financially viable for you either when the amount involved is very low. But, I recommend waiting until he actually files a case before offering any settlement, as there is a strong possibility he may refrain from legal action. The costs associated with sending a legal notice and filing a case could exceed the principal amount he seeks to recover, let alone contesting the case over years.
HHas he officially sent you Legal Notice yet?Let him take legal action if he wants and don’t return anything now (even principal amount). Cheque bounce spoils your credit score and he should not have deposited the cheque when your father was already making payments. Make sure to give your bank instructions to stop payment for the next cheque and don’t let it bounce for insufficient funds.
The case will take long time before the court. Also, since your mother did not borrow the amount, you will have good defence in the case. Also, taking legal action over Rs. 32,000/- is totally not worth it for the lender.
HYour father has already initiated legal action on your behalf. Nothing more can be done. It will take a long time for court to decide the suit and even more time for any order to actually get executed. Unless your friend miraculously returns your money by himself (not gonna happen), you won’t be getting the money back anytime soon.HReport the incident to the Lokayukt office. Filing a Public Interest Litigation (PIL) in such a case is not possible. However, if you intend to challenge any illegal actions committed by a public servant, you may file a Writ Petition in the High Court.HCopyright (in cases where it is owned by a company) lasts for 60 years from the date of first publication. So you can freely use anything from movies which were released more than 60 years ago. However, anything less than 60 years would still be protected by copyright and you will need permission of the owner to use it.HIf a fight is going on, then the offence is affray and all the person involved will be accused. They won’t be victims. OP would be the informant / complainant, and would have to give his statement. If the case is not settled, then OP would be called for examination in chief and cross examination as a witness for prosecution.HIf the house was in both of your names, then your uncle cannot blame you for it. He was equally responsible for the flat and should have kept it in a good condition. If he wants to go to court, then let him. Based on what you have mentioned, he does not have any case against you.Also, stop with the transfer. Your uncle seems like an asshole. Let him do whatever he wants. Let him pay you for your share if he wants to get the property.
HYou will need to consult a lawyer with a copy of the document mentioned by you. No one can give accurate advice without seeing the document and properly understanding the facts from you.If you don’t have a copy, then go the office of registrar and get certified copy.
HHow did you guys invest money without knowing the total amount payable for the flat? 🧐Write a letter / email to the developer intimating that you want to cancel the arrangement and request a refund. Don’t rely on oral communications as they are hard to prove and don’t have much evidentiary value in courts. Create some paper trail and then proceed with filing case against the developer in RERA or Consumer Court.
HWhat you have reproduced is the application for transit remand, and not the order passed by the Magistrate. If order for transit remand is not yet passed, tell your advocate to strongly oppose the application and to file a written reply with all evidence supporting your case. Apply for bail as well.If you believe that the police has not followed the procedure for arrest, then you can consider filing a Habeas Corpus Petition before the High Court.
