Advocate Murugan E.M.

Questions Answered by Advocate Murugan E.M. (25+ answers)

Q: Procedure to file writ petition against illegal construction by neighbour

My neighbour in front of my plot has done illegal construction in his plot with a view to reduce the value of my property And cunningly acquire that land for a very low price. I am unable to sell my property because of the blocks created by him. Can I file a writ complaint against neighbour for illegal construction? Please advise what I should do

Advocate Murugan E.M. answered
Illegal construction can be prevented by filing a complaint before the local body which has given building permit. You must show the violations in building rules in the construction and can seek stoppage of construction. The authority will inspect the premises and is empowered to take action including direction to remove the illegal construction. Writ petitions seeking mandamus directing the local authority to take action in your complaint can also be filed.

Q: Bank sending notice for delay in revenue recovery for education loan

Sir, My sister had a educational loan(amount of 2.65L) for studying Bsc.Nursing from SIB.and after that she got her job as trainee and she paid 1.65L ruppes within a period of 2 years. After that she got married and went to pregnancy. So that she made a gap for paying the loan. The manager of that time send us a revenue recovery notice for delaying the repayment. But we didn't pledge any of our property to the bank. Now I am facing problems for my future studies. Because any of the nationalised bank doesn't giving me a loan for education. Due to sibilling loan. Can a bank send RR notice for delaying educational loan repayment. They call us for adalat. But before that they send the RR notice. Please give me any legal advice related to this ASAP. Now she applied for elrs program of govt. But my question is can they send RR over educational loan? what is the rbi rules for education loan recovery ?

Advocate Murugan E.M. answered
Education loan is similar to any other conventional loan but for the difference that there is no collateral security and further that there is an initial sleeping period when repayment need not be made. Some education loan account are eligible for central and state subsidies also if repayments are properly made. After the sleeping period, repayments are to be made on a regular basis. Since there is no collateral security bank can initiate Revenue recovery proceedings against the defaulter when the account is classified Non-performing. It will be advisable to avail the benefit of settlement through adalath as the bank can waive penal interest and other charges if settled through adalath. Contact directly for any further assistance.

Q: How to get rid of online loan harassment in India?

I have taken money from a person 1 yr back on an interest rate of 3%. However due to some reason, I was unable to pay it. Now I have asked for a last 3 months period which I agreed under his pressure. He is asking to put an agreement with this 3 months period. I have got a call from Police SI as well asking to do so. I need 1 yrs time to pay the amount and interest back to the person. Moreover the person is giving me tremendous mental torture as well. Kindly advise as on what can be done.

Advocate Murugan E.M. answered
The query can be answered properly on knowing more about the transaction. Whether there is an agreement. Whether there is already a cheque or pro not issued and such things. From the limited information a police officer cannot interfere in a civil dispute. They are trying to make an agreement to give enforceability to the transaction. But a police officer cannot coarse you to do so. You can file complaint before Police complaints authority or High Court against Police harassment. If the lender comes with a suit for realisation of money the same can be contested and can later be settled the same at the time you stipulated. More over a complaint under Money Lenders Act can be lodged against the lender if he is making more trouble to you.

Q: How to give loan to someone legally ?

what is the legal procedure to give cash as loan to someone..? if he not repay the money i have to move legal action action against him, what document i have to collect from him..? signed check is enough..? what is the legal procedure for lending money ?

Advocate Murugan E.M. answered
Money lending as per law can be done only under license. But if you are casually lending money to some one, as you have asked, you can get a signed cheque of the person borrowing as security. But to be on the safer side you can also get a promissory note executed by the person borrowing. So that an action for return of money can be initiated.

Q: Notice received to guarantor for not paying loan amount by person

I’m personal loan guarantor to someone who has defaulted several emis. The person was my colleague but is now not working with me. I have his phone number but is not answering my calls. I’ve received a notice from an advocate asking to pay dues or bank will file lawsuit. The notice is on his office address but since he isn’t working here with me, obviously he won’t get the notice. What do I do now.

Advocate Murugan E.M. answered
By entering into a guarantee agreement you are promising the bank that you will pay the amount due to the bank in case of the default of the principal borrower. That means your liability is coextensive with that of the borrower. The bank is at liberty either to proceed against you or the borrower to realise its dues. This is the law. In your case, since there is a clear case of intentional cheating, you can file a criminal complaint for cheating as against the borrower. But your liability with the bank will still stand. You may find the person's address and aid the bank in recovering the amount from him.