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Money lent someone without making any documentory proof.

(Querist) 15 April 2012 This query is : Resolved 
i would like to know that my uncle lent some of Rs.50,000, 50,000, 50,000 in cash in three equal installment to his friend for business purpose but in love and affection he did not make any agreement with his friend for future reference, now he has given Rs.70,000/- and Rs.80,000/- still balance and now he delaying since last 1 month to say that he have not any money to pay you and please belief me and daily give Excuse to pay, i want to know what is the legal remedy to recover my uncle balance money as soon as possible but we dont have any documents to prove that my uncle given any money to his friend, whether we could make any document NOW. please help

thanks in advance

prabhakar singh (Expert) 15 April 2012
In absence of any proof no realization from court would be possible in my view.

It is better to go on with persuasion to realize back instead of taking any legal action. In business many hic ups come,he might be in trouble.
Shonee Kapoor (Expert) 15 April 2012
I agree it is nigh impossible to recover the said amount.


Shonee Kapoor
Adv.R.P.Chugh (Expert) 15 April 2012
Try and record when he acknowledges the payment of debt, if he agrees get a signed acknowledgement. It would be good because:-
i) protect you from the bar of limitation as it serves up as an acknowledgment;
ii) Might serve as good proof of debt also - on which you may recover.
salman khan (Querist) 15 April 2012
whether acknowledgement should be on stamp paper or on bond paper and one thing what should be written in acknowledgement receipt please guide and from this sources how my uncle make sure that his dues will recover.

Devajyoti Barman (Expert) 15 April 2012
The verbal agreement is also valid before the eye of law but you have to prove it to establish preponderance of probabilities in your favour.
Adv.R.P.Chugh (Expert) 15 April 2012
No need for it to be on a stamp paper, though you may by way of abundant caution use Rs.100 one for the same.
prabhakar singh (Expert) 15 April 2012
I owe you a some of Rs. so and so would be sufficient.But i feel it is an extra exercise due to lack of experience of life.
prabhakar singh (Expert) 15 April 2012
Ask him? he shall also go to an advocate for advise and shall decline.
prabhakar singh (Expert) 15 April 2012
And if you force him to do so ,he shall file an FIR and thing that started with love and affection,will take shape of a dirtiness.
prabhakar singh (Expert) 15 April 2012
A rs. 100/=00 stamp is not sufficient unless it corresponds to the stamp duty provided by the state stamp Act to which question belongs.
prabhakar singh (Expert) 15 April 2012
I bet with any legal advocacy that this money can be realized only by persuasion but not by litigation.
prabhakar singh (Expert) 15 April 2012
We must understand what relations are and how can be enforce bonafide rights without litigation.
Advocate M.Bhadra (Expert) 16 April 2012
Without documents go to litigation may cause wastage of time and money,try to settle the matter by the help of others persons in your locality.
Deepak Nair (Expert) 16 April 2012
An acknowledgement can be received even through SMS. Send him an SMS and try to get a reply acknowledging the liability.
M/s. Y-not legal services (Expert) 16 April 2012
as of your statement your uncle lent rs.50000+50000+50000=1,50,000/-


now he repaid rs.70000+80000=1,50,000/-

whats the balance amount?

Guest (Expert) 16 April 2012
Well advised by Mr. Deepak Nair.
Guest (Expert) 16 April 2012
Makkad ji,

What is the harm if sixers in one shot can out-run several others very fast and make someone achieve 2nd position in Hall of fame and can untimately overcome your position also? Naturally, simultaneously landing next to you in overall position of top members would also be facilitated automatically. He deserves due appreciation.
M/s. Y-not legal services (Expert) 16 April 2012
or 70,000/ paid..

80,000/- is balance?

salman khan (Querist) 16 April 2012
but now my uncle can make any agreements with his friend to recover his dues, Now my uncle friend also ready for making any agreement so which kinds of agreement is suitable and acceptable in the eyes of law and what special clause must be written there, pls guide

thank you
Raj Kumar Makkad (Expert) 17 April 2012
Dhingra ji! Thanks a lot for understanding me. I was pressurized to follow such person as his lust can be seen in almost all threads where his replies of 10 lines is divided in 5 parts so that his number of points may automatically increase and he may replace me.

Anyway, I feel sorry for competing him in the same way.
SAINATH DEVALLA (Expert) 18 April 2012
Dear Salman,

He has repaid 70,000 and 80,000 in arrears since one month.One month is too short a period for proceeding legally.Ask your uncle to cooly persuade him to repay the balance.Give him another one month.Keep an eye on him and gather if any evidence can be available.If your uncle fails to recover or if any altercations take place,then proceed in the court of law.Now your uncle does not posses any documentary evidence,so slow any steady wins the race.
prabhakar singh (Expert) 21 April 2012
Thanks God!
For you made duo for each other.
prabhakar singh (Expert) 21 April 2012

You should not worry about "my lust that I had" is gone with my passing age and the one you afraid is really not.

So live happily without any such fear that your notional monarch would be snatched.

you might have noticed from last three months my visit on the site is casual and that is self proved suggestion from my conduct that I have not been eyeing upon any body serial.
prabhakar singh (Expert) 21 April 2012
I do not think only those who are serialized
in the hall of fame are the best lot in the world to render legal service.

Every one has his own way.If the defect in system gains for him then system is culprit and not he.

Time and again I have addressed this issue saying joining LCI might be helpful to many
of us who practice in metros where cyber is also part of life.

I practice at a place where my clients are villagers and they do not belong to cyber world.So any serialization made here is not going to send any message in my favor among my actual clients.

And here so far I have not entertained any client who wanted me to look after his cause or wanted me to pay separately, instead I rendered it free of cost.

I know a message goes to clients that one is number one in serial means he is top most competent but simultaneously the truth is that such a message is false one.

I do not carry such a crazy false notion that just because I am serialized currently at number 2 in hall of fame,I might be getting evaluated India's Top 2nd legal brain.Only mads can carry a feeling of that kind.Certainly I am not that.True I am a bit angry personality but not a personality that carry jealousy and grudge.
Guest (Expert) 21 April 2012
Bravo Prabhakar Singh ji! Indeed, a good confession, "I do not carry such a crazy false notion that just because I am serialized currently at number 2 in hall of fame,I might be getting evaluated India's Top 2nd legal brain.Only mads can carry a feeling of that kind.Certainly I am not that.True I am a bit angry personality but not a personality that carry jealousy and grudge." But still, your multi-replies on record against several individual questions do indicate something else.
prabhakar singh (Expert) 21 April 2012
May God take you out of your own messy mind Dhingra ji.
Guest (Expert) 21 April 2012
Thanks for your compliments. BUT, People very well know who has messy mind.
prabhakar singh (Expert) 21 April 2012
It is self imposed understanding of your's that 'you' represent 'people'.
Guest (Expert) 21 April 2012
Dear Prabhakar Singh,

I knew you would not resist responding to my messages to vainly prove your point. So, I would like to place here the exact version of your personal message sent to me by you as New Year Greeting on 31.12.2011, with subject line, "Happy New Year." But the message inside contained only the following text--
"but b sure about! There have been many time in 2011 when I may disturbed you troubled u irritated u bugged u . . . . today I just wanna tell you . . . . I plan to continue it in 2012."

Anybody can guess, what you have in mind for others. The above message of your own clearly proves that your statement, "not a personality that carry jealousy and grudge," is totally wrong. Did not that message also prove you, as a man of messy mind with grudge and of jealous nature? People can understand well about you and your intentions from your own message, as reproduced above.

However, you are welcome, if you continue with your same 2011 strategy against me.

Wish you the best.
Anirudh (Expert) 21 April 2012
Dear Mr. Prabhakarji,

I take it that when you greet a person on such occasions like New Year's day or Birth day etc., by saying what you had said, it was only customary words - not to attach great meanings! In any case, not to attached such stretched meanings! I personally feel that by saying those words, if at all, you only want to say that I might have unwittingly troubled you in different ways in the past, but I will continue to do so, because I would like to remain the same normal person!

Did you ever imagine, in wildest of your dreams, that your simple, straightforward expression is capable of getting such twisted meaning!

I pity you.
prabhakar singh (Expert) 21 April 2012
I feel so obliged to Mr.Anirudh for he has mind to understand such communications on eves.

I sent this message to all of my friends and to Mr. Dhingra also.

All except Dhingra ji ,praised me for the wit in the message.
V R SHROFF (Expert) 21 April 2012
Lots is discussed, so no need to go further.
ashutosh mishra (Expert) 21 April 2012
The query is lost in competing trio,though I find one frank and two to be dubious.

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