Satish Kumar (None) 27 July 2015

Legal notice?.

Around 16 years back I gave around 24 lakhs in checks (all my assests) to a very close relative, he said that he will invest in real estate and I never asked him where he invested or how he invested but he used to say that everything is mine. There is no written agreement between us. He agreeeing that I gave he money(I can prove it through checks).

I needed the money I started asking him, he said he has no money but is showing me a land which is in dispute, which cannot be sold. There is high chance that land will be lost in litigation. He has lot of other land and plots which have clear title. he is claiming, he purchased with his money. He is keeping all the good ones for himself and leaving me with one in dispute. In good faith I tried to reason with him but he has stopped talking to me.

I agree that I am a fool for completely trusting him, he is my blood relative. I need the money desperately is there any thing I can do legally?.

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5 Replies

Samal Kumar (ADVOCATE HIGH COURT OF KERALA) 28 July 2015

Eventhough there is no written agreement with you, fact that your relative had agreed to part with a piece of land proves that he had taken money from you and had purchased land on your uch a nature, behalf.Moreover, you have proof of cheque payment with you.Agreeing to transfer land to you clearly shows that he has purchased land on your behalf with your money and was acting only in the capacity of an agent. Transaction being of s it was his duty to ensure at the time of purchase that the title was clear as he was acting as an agent on your behalf. That shows clear negligence on his part. You can sue him for clearing title related issues within a specified time frame or to return your money with interest.

Satish Kumar (None) 28 July 2015

Samal Kumar sir,

Thank you for your guidance and giving me input on how to approach with case. I have no problem if he can settle the dispute on the land for clear title so that i can sell it or returning my money with interest.

I will be hiring an Attornery.

rajagopal.s (Lawyer.) 29 July 2015

You should file a case in the district court for recovery of money. YOur relative can sell his assets and pay your money with interest.

Satish Kumar (None) 30 July 2015

Thank you for your advice.

Biswanath Roy (Advocate) 01 August 2015

At first you serve an appropriate legal notice to establish the facts of your payment for purchasing land and to create encumberance upon the lands of clear title and thereafter proceed to court for recovery.