Advocate Navin Thakur

Questions Answered by Advocate Navin Thakur

Q: Bank filed case for non payment of loan, please advise

my mother is guranter in my brother's personal loan of rs210000 now my brother is not able to pay loan and he pays only 4 emis of rs 10000 nad now is not staying with us the bank file case against my mother for loan recovery we have not enough money to repay the loan my mama g is helping us to pay but the total amount we collect with our all resource is only 90000 and we tell the bank that we have only 90000rs to pay but the bank says to pay total amount with intrest.we have only my mothers widow pension to survive tell me what can we do now.

Advocate Navin Thakur answered
Do not worry but I would like to submit at the first instance that if your mother is guarantor then the bank is entitled to recover the money from your mother, and thereafter your mother from your brother, if wishes. so. One think I would also clear that if your mother has no resources like property etc except pension then the bank cannot do anything for recovering the debt as the retirement benefits cannot be attached. Thanks

Q: Girlfriend cheated me and took money what legal action can I take

I was recently cheated in the name of love. I was in love with a girl for past 5 years and recently there is no news of her, its been almost 2 months. I tried to get in touch with her but to my tragedy I came to know that she got married. It was really heart breaking and am not able to concentrate in anything. We had physical relationship couple of times, It happened because i was sure of marrying her. She borrowed 50000rs 5 months back. I feel cheated and I feel my love for her is being used. I dont want to go behind her and blackmail her instead I want to know CAN ANYTHING BE DONE 

Advocate Navin Thakur answered
I really appreciate your patience and feelings for not harming such a lady who has cheated you, but one thing you must bear iñ mind before taking any legal action against your ex-girlfriend which is whether she has really cheated you or she had done everything in pressure?? Hope you will think like a good man and be sure I will be standing to recover your amount with the penalty for your broken emotions if you find her at fault. Thanks please feel free to contact me in case of any confusion

Q: Promised girl to marry her how can I back out

I had an affair with a girl from last 9 years. I have been emotionally pressured also for getting married from her mom side since starting and I also told them that I will marry with your daughter only but now I am not comfortable to get married with her. How to refuse them? I am scared of any legal action, if girl is hypersensitive and try to commit suicide or try to threat me of any kind of legal action. How to tell them that I don't feel like getting married and also prevent ourselves from such threats? Note: I work and live in Abroad and my GF is in India. Kindly Advice

Advocate Navin Thakur answered
Look this is a very sensitive issue which can put you in legal traps very easily. The only way to escape from this situation is to lodge a complaint against the girl and her family alleging that she is blackmailing you and extorting money from you on the condition that they won't lodge any complaint against you, but before doing this you must deposit some money in their account for at least three months showing some emotional attachment. You must do this very cautiously.

Q: Lawyer of the other party threatening me in a motor accident case

A truck hit my brother when he was coming to home on his bike . The truck went running onto his feet and his left feet thumb and finger got crushed under the tyre. He was admitted to the trauma centre-AIIMS and MLC was done. Now I have filled a case against the insurance company and now i am receiving calls from the lawyer of the other party and he is warning me that there is nothing in your case and i will blame you in the court and all that stuff. So is it legal that he is calling me again and again and giving warnings to me.

Advocate Navin Thakur answered
Look he cannot do so in Court and on accordance with the law you are going to get the relief until and unless there is something to prove that your brother was driving rashly and he was got hurt due to his own rash driving. So don't worry and contact your lawyer please if you have already engaged.

Q: Husband not ready to register the marriage how can we proceed

My sister recently got married in Feb'16 to a divorced man. He already have a 7 yrs old daugther with his custody. Marriage took place in a guruduwara in boy’s city in Delhi.Soon after the marriage her inlaws(mother & sisters) started to dominate her & created domestic problems.They told my parents to take her back. My parents & brother tried to mediate the situation and things are in little control now. Now Issuee is ::My sister & parents have several times talked with Groom to register the marriage legally but he is not initiating the process. What steps we could take in this situation?

Advocate Navin Thakur answered
Look non-registration of marriage alone does not nullify married state. If the couple have lived together with intention and purpose and meaning of marriage then they are 'married' only. Registration of marriage is done for the evidence only which can be proved by a Lawyer otherwise also, so need to worry, but try to peruse the groom to register his marriage.