Advocate Vinay Redhu

Questions Answered by Advocate Vinay Redhu (200+ answers)

Q: harrasement by private lender .lost my job already paid sustantial amo

after covid i had taken 5 lac loan fromprivate lender at a very high rate of interest over the period i have paid him 2. 7 lac . last year lost my job was having difficulty in managing basic bread n butter so couldnt pay him further since last year . lender abused me on phone , threatened me n demanding 5 lac . now i got some part time work so somehow manage to runhouse i have already paid him substantial n willing to pay him balance of pricipal in small emis every month but he is demending full

Advocate Vinay Redhu answered
If the lender is charging excessive interest and threatening or abusing you for repayment, such acts may amount to criminal intimidation and harassment under the Bharatiya Nyaya Sanhita (BNS). A private lender cannot forcibly recover money and must follow due process of law through the competent court.You have already repaid a substantial amount and your willingness to pay the genuine balance through monthly EMIs shows bonafide intention. Preserve all bank statements, UPI records, receipts, WhatsApp chats and call recordings relating to the loan and payments made by you.You should send a legal notice through an advocate seeking proper statement of accounts and proposing a reasonable installment settlement. If the lender continues threatening or harassing you, a written police complaint can also be filed for intimidation and unlawful harassment

Q: Mental harassment / abuse and physical abuse done done by father/husba

Hi, so i am 21 year old. And my father who mentally harassing and abusing us ( me and my mother ) even physically abusing. He is giving us threats daily to kill us and cursing us and much more which has deeply affected our mental health. This is not something new but has been going on since years and now I have gathered some courage to stand against it and not tolerate it anymore, i get panic attacks which is deeply affecting my physical health as well. Please advise what’s to best way to handle

Advocate Vinay Redhu answered
The primary remedy is to file a case under the Protection of Women from Domestic Violence Act, 2005 before the Magistrate Court of your area through a lawyer . In this case you and your mother can seek multiple reliefs such as Protection Order (to restrain him from threatening or harming you), Residence Order (right to stay peacefully in the shared household), Monetary Relief for medical and living expenses, and Compensation for mental trauma and emotional distress. The court can also direct counselling or other suitable measures for your safety.

Q: I claim adverse position of track road and access

I have been sole user of access to my land and access rd in from track I have been there 40 years??? Quickest cheapest way please help advice please

Advocate Vinay Redhu answered
If you have been using the access road to your land openly, continuously and without interruption for about 40 years, the law recognises your easementary right of way by prescription under the Indian Easements Act, 1882. Continuous use for more than 20 years, without force or permission, creates a legal right.The fastest and cheapest remedy is to file a civil suit for declaration of easementary right and permanent injunction before the local civil court. Along with the suit, seek a temporary injunction so that your access is protected during the case. If the road is already blocked, also seek mandatory injunction for restoration.

Q: Property dealer threatening to seize assets over illegal 12% monthly i

Context: Palam, SW Delhi. Local property dealer lent my father ~2.6L at 12% per month (144% p.a.). He gave a 10-day ultimatum, threatened to "forcefully sell our assets," and said he'd "do something bad" if not paid. The threat was verbal. An earlier abusive WhatsApp text was deleted. His shop is in our gali. He has local influence.Problem: We have no recorded proof of the threat. We're willing to repay the principal + fair interest, but fear violence if we complain and he guesses it's us (lik

Advocate Vinay Redhu answered
File a Civil Suit for Permanent Injunction along with Mandatory Injunction to restrain the property dealer from threatening, harassing, visiting the residence/workplace, or using any force/pressure for recovery or “forceful sale” of assets.Move an urgent interim injunction application under Order 39 Rule 1 & 2 CPC seeking immediate protection and restraint orders on the first/early hearing.Submit a written complaint/DD entry at PS Palam to create official record of criminal intimidation and unlawful recovery pressure; if police does not act, file an application under Section 156(3) CrPC (or BNSS equivalent) for directions to register and investigate. And Pay money to him online through digital mode

Q: Brother stole my ₹36 Lakh and not returning

I had loaned ₹36lakh to my brother in Jan 2020 who struggling to pay off hia home loan. It's been 6 years and he is not returning my money even after selling that house. He paid back only ₹16 lakh in installments till July 2024. Then he insulted me and threw me out of home. Please help me how can I get back my money with interest of 6 years?

Advocate Vinay Redhu answered
Send a legal notice demanding ₹20 lakh + interest.If no payment, file a Money Recovery / Summary Suit (Order 37 CPC) with bank proof.Claim interest from loan date till final recovery.Limitation: Normally 3 years, but his last payment in July 2024 gives a fresh limitation from July 2024.