Forum Replies Created
Viewing 11 posts - 1 through 11 (of 11 total)
-
Posts
-
RYou should email them memorialising what happened â the call, its contents, the request, etc. Say that this money ought to be returned to the payer and that the bank has your consent to this end.RNo, that is wrong. Even if there is truly any ancestral propertyâwhich has been in the family without partition for four or more generations without partitionâOP will not be liable for anything. The property may become affected to the extent of his fatherâs prospective share in it and no more.RYou are not legally liable for your fatherâs debt. You will not have any legal action. Your father can face proceedings for recovery of the debt. He may be proceeded against in criminal court under NI Act for bounced cheques or EMI auto debit instructions if any. There are other criminal-law provisions that I will not get into because they are usually not invoked and I canât state anything definitively.RHave you inherited anything from your father? If you have not then you are not liable for his debt. Send them an email or letter explaining that your father is no more, youâre not liable for his debt, and want the bank officials to stop harassing you (or you will take legal action). Break contact with the banks at this point if you are not liable. If they harass you, file an online complaint with the banking ombudsman. It is unlikely they will proceed further, eventually losing interest given the small sums. They may institute arbitration on their own (think of it as a private court). But it will in all likelihood be invalid in law as they end up appointing arbitrators on their own. Besides they will in all likelihood arbitrate in your fatherâs name which will be invalid (any suit or proceeding after a personâs death must be brought against their heirs).RThe most elementary analysis requires documents. Was this really an ancestral property? How was the part in question transferred? Is that transfer valid? Was there fraud or misrepresentation that led to the transfer? Has there been a partition? Based on the answer you could issue appropriate proceedings to protect your parentsâ rights. But anyone wanting to advise you properly will have to look at documents.RI presume youâre referring to the question re anti-suit injunctions. Iâm simply asking if the commenter knows about that. I brought it up because they seem to think you can have a sneaky divorce in the US behind your souseâs back. It doesnât work that way.RI agree. I tried saying essentially the same thing in my comment and got downvoted. It is important OP and other similarly situated litigants are protected from anecdotal projections that so often masquerade as legal advice here. This is an involved branch of private international law which in turn is complicated to begin with.RYou clearly donât know the âPâ of private international law or the âDâ of domicile. Ever heard of anti-suit injunction? Know courts of one country can refuse to recognise the decree of another? Of course you do not.RYou should get divorced in India. It is preferable to the US for legal reasons. Youâre both likely domiciled in India (domicile, habitual residence and citizenship are different). However, this is a particularly involved aspect of private international law. I (or another) private international law practitioner will need more details before they can advise you more fully â re your marriage, any children, assets, etc. The end game is to get a divorce decree that is recognised everywhere. Youâre both domiciled donât want a zombie marriage â one dissolved in the U.S. but abiding in India. PS: And trust me you donât want to listen to generic advice here. Private international law is not as straightforward as some think it is.RThis may be misfeasance in public office. I remember getting those calls with a spam warning which meant I hung up as soon as I heard âBJPâ and âlawyers meet.â
Viewing 11 posts - 1 through 11 (of 11 total)