Hi sir I have given my brother 1lack through net banking as

Querist : Anonymous (Querist) 08 February 2018 This query is : Resolved
Hi sir I have given my brother 1lack rupees through net banking as loan amount now he is not ready to pay me back i don�t have any written document how can I get that money back

Please help me out with this problem sir

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Guest (Expert) 08 February 2018
As you wanted top remain anonymous, your brother would have treated the amount as gupt daan (donation by some unknown hidden person)..

Forget it. donations cannot be expected to be paid back that too when made by some hidden person.

Sudhir Kumar, Advocate (Expert) 08 February 2018
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.

Such loan is taken by a person:-

(i) Who lacks business sense and cannot raise funds out of his own business and suddenly wants to be rich.

(ii) who cannot raise bank loan because :-

Either
he himself is not creditworthy

Or
the purpose for which he seeks loan is illegal

or
the purpose for which he seeks loan is not at all commercially viable.

(iii) Who knows he can afford not to refund.
(iv) Who trusts his thick skin
(v) Who intends not to refund
(vi) Who has made fortification against action of refund.

So he has to find someone who can part with his money. SO he finds a lender near him (friend or relative)

Such loans are given by the persons :-

(i) Who has surplus money.
(ii) Who displays and boasts of such surplus money.
(iii) Who stupidly believe that there will be a refund.
(iv) Fails to realise as to why he alone (not bank) is being contacted for loan.
(v) Who has extreme trust on the debtor
(vi) who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.

Such loans are always given

(i) Without documentation.
(ii) Without witness
(iii) Without guarantor.
(iv) During cordial relations

Soon after giving such loan :-

(a) Relations are no more remain cordial
(b) Business started by such money (easy money belonging to other) invariably fails.
(c) Such loans always sink and not refunded.
(d) Person seeking such refund suffers at legal process.
(e) Person seeking such refund legally or by persualtion is socially criticised.

Dr J C Vashista (Expert) 11 February 2018
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