What are my rights regarding loan repayment disputes?

I have taken loan from one of my friend and by giving blank check with incorrect signature and now m clearing that 6 lakhs of amount which I have taken it but he is telling u need to give me 16 lakhs instead of 6 lakhs

3 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 12 Nov 2024

If you've taken a loan of ₹6 lakhs from a friend and provided a blank check with an incorrect signature, you should clarify the terms of the loan. If your friend is demanding ₹16 lakhs instead, it’s essential to gather any evidence of your original agreement, such as messages or documents. You can discuss the matter directly with your friend to resolve the misunderstanding. If that fails, consider seeking legal advice to understand your rights and obligations, and potentially contest any inflated claims in court if necessary.

A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 01 Nov 2024

In a loan repayment dispute, you are legally obligated to repay only the original loan amount plus any agreed interest. If your friend is demanding more than the initial loan of ₹6 lakhs, this may be challenged as an excessive or unfair claim under the Indian Contract Act, 1872. It’s important to document any agreements or terms regarding the loan amount and repayment conditions. Regarding the blank cheque with an incorrect signature, if your friend filled in an amount without your consent, it may be contested. Under Section 138 of the Negotiable Instruments Act, 1881, a cheque bounce case applies only if the cheque is used to settle a legitimate debt.

Admin
Advocate By LEAD INDIA Answered: 24 Oct 2024

Sir, firstly you should review agreements or terms regarding the loan and clarify the amount borrowed and repayment terms. If it is found that the act of your friend is unethical then you may consider seeking legal action against your friend with the help of an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.

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