Claim money in the court given to relative
ashish
(Querist) 22 May 2015
This query is : Resolved
Hi,
My father gave Rs 8 lakh in 2013 to his sister's husband to buy a house on the condition of returning it back. Now my father is no more, the relative is not ready to give money back. The only proof is bank's a/c statement mentioning amount credited to relative's account by cheque. Can I claim the money in court & how?
Please advice. Thank you.
Sudhir Kumar, Advocate
(Expert) 23 May 2015
How do you prove that :-
(i) it was a loan nothing else.
(ii) it was never refunded to your father
(iii) it was due to be refunded on XYZ date.
(iv) the due date is not more than 3 yar old.
(v) you alone are the claimant of father's assetts.
Sudhir Kumar, Advocate
(Expert) 23 May 2015
Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.
malipeddi jaggarao
(Expert) 23 May 2015
Since the transaction is between close relatives and there is some proof that the money is credited from your father's account to your brother-in-law's account, you can rope in common relatives to settle the issue out of court. As expert Mr.Sudhir Kumar pointed out it is not that easy to recover the money by resorting to legal action. What does your sister say? What about the other properties of your father?
Sudhir Kumar, Advocate
(Expert) 23 May 2015
AGREEING WITH mR jAGGARAO i WILL ADD THAT
रखना बजुर्गों का यह कौल सीख
पहले दे उधार फिर मांग भीख
T. Kalaiselvan, Advocate
(Expert) 26 May 2015
In my opinion, there is no evidence of loan except the evidence of said transaction. this alone cannot determine a legally liable debt. If you are very sure of the loan given to her, you may proceed as suggested by experts above by roping in elders for a an amicable settlement.
