Mallappa.G (Engineer) 17 December 2013

Civil suit to recover fund from brother

My brother did not study well.Hence he was not in position to take up any job.My father asked me to help him to start some business and I had given 4Lacs to my brother to start textile business in year 1996 though chqs.Also gave him all income coming from my agriculture land. He had earned lot from this business and constructed shopping complex.Now I need of fund for my daughter marriage, hence asked him to return my fund with 50% profit or fund with bank interest.He is not ready to return my fund.

- What is the best way to get back my money through civil suit?

- what are the chances to get back my money?

any suggestions......

Thanks in advance

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 17 December 2013

Is there any agreement between you and your brother for paying the amount to start the business. If so then you can file a suit, but you have it in the year 1996 so it is time barred debt. You cannot recover it from your brother.

For further clarification you can call me.

Mallappa.G (Engineer) 17 December 2013

Hello Adv.Rajeev,

Thank you for your quick advise.

I did not made any agreement with my brother before giving fund to him.However I have paid all my fund through bank cheques and source of fund to start his business is my fund and income came from agriculture lands ( I own 7 acres and brother owns 7 acres and mother owns 5 acres) only and we have not yet done family partition.However we are staying separately in different houses and my mother is staying with me.If given fund from me is self earned (salary- working as tech assistant in pvt company) and income came from my 7 acres agri land, shall I have any legal options to claim my fund?

Thanks

Malap