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VINOD KUMAR JOSHI (Querist) 01 May 2015 This query is : Resolved

I have gven some amount to my landlord through cheques in favour of him & his family members. few years ago he was dies. Can I recover this amount from the landlord's wife ?

please reply. matter most urgent

rgds

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Advocate Bhartesh goyal (Expert) 01 May 2015
Yes you can file recovery suit against the lr's. of your landlord.

Rajendra K Goyal (Expert) 02 May 2015
Has she refused to return?

You can file recovery suit after serving legal notice if the debt is not time barred.

Dr J C Vashista (Expert) 03 May 2015
Do you have any evidence to prove your case? If yes, file suit for recovery after issuance of a legal notice to the LRs of deceased landlord, through a local lawyer.

T. Kalaiselvan, Advocate (Expert) 04 May 2015
If you have lent the money to the landlord in his personal capacity, do you have evidence for the loan transaction other than the cheque details? A few years ago reminds the limitation aspect, see whether it is not barred by limitation?, send a legal notice for the LRs to commit, if not consult a lawyer about further course of legal action.

malipeddi jaggarao (Expert) 06 May 2015
Whether the transactions are within the limitation i.e., within 3 years or not to be seen first. You should be in a position to prove that the money given by way of cheques was a debt. Then only you can initiate legal action against the surviving legal heirs if it is within the limitation.

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