Debt recovery

DR SURESHA G (Querist) 29 October 2020 This query is : Resolved
Dear gentlemen
May I request you to give your advice for my problem.
I am working in Saudi Arabia since 2007 and my family was also living with me in KSA.
In April 2018 I left the kingdom on final exit with my family and settled in Davanagere karnataka.and in the same year.
After a month I joined another company and staying alone. And my family is in India.
Since 2008 my father in law (wife’s father) taken money from me till 2013 .In fact he is running illegal real estate business. He promised my wife that he will give some properties from his business I have given 1.06 crores through bank and 65 lakhs by cash .He invested this money and made lot of money and properties
But he has given properties worth of Rs 125700 and Rs 174500 then he made all properties in his son’s name. Still he has to pay me Rs 15668500 plus interest or the properties worth of my balance money and interest.
Recently I came to know that he has made properties within his family transferred all the properties in his son’s name he has taken release deed from my wife and her 4 sisters.
The issues
1) Out of 2 properties one property is in litigation. A land measures 2.05 acres is encroached by another person and I have left with less than 1 acre. My father in law is not ready to resolve the issue as per sales deed.
2) I have to recover my money worth of 1.06 crores which I have given officially through bank from my wife’s NRE account.
I have the following issues
As we were living in Saudi Arabia as residents up to April 2018. I believe cause of action or limitation starts from April 2018 – correct me if I am wrong.
I have approached him several times but he never cares about my wife’s words I have no contact with him since 15 years. All the transactions happened through my wife.
I want to know whether the limitation is over or is it effective from April 2018.
Could you please help me with this issue and suggest a good advocate for me

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Quick Summary

A person who lived and worked in Saudi Arabia is seeking advice on recovering a substantial sum of money (over ₹1 crore) and properties from his father-in-law. The father-in-law allegedly took the money for an illegal real estate business between 2008 and 2013, promising properties in return, but has since transferred all assets to his son's name. The key issues are whether the limitation period for recovery has expired, especially since the individual left Saudi Arabia in 2018, and how to proceed with recovering the funds or equivalent property value.

Sudhir Kumar, Advocate (Expert) 30 October 2020
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:-

Who lacks business sence and cannot raise funds out of his own business and suddenly wants to be rich.

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.

Who knows he can afford not to refund.
Who trusts his thick skin
Who intends not to refund
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 (fiend or relative)

Such loans are given by the persons :-

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

Such loans are always given

Without documentation.
Without witness
Without guarantor.

Business started by such money (easy money belonging to other) invariably fails.

Such loans always sink and not refunded.

Sudhir Kumar, Advocate (Expert) 30 October 2020
How many threads you have opened on this issued

Rajendra K Goyal (Expert) 30 October 2020
Repeated query:
https://www.lawyersclubindia.com/forum/details.asp?mod_id=213455&offset=1
https://www.lawyersclubindia.com/experts/debt-recovery-723686.asp
https://www.lawyersclubindia.com/experts/cheating--723696.asp
https://www.lawyersclubindia.com/experts/money-recovery--723691.asp
https://www.lawyersclubindia.com/experts/money-recovery--723336.asp https://www.lawyersclubindia.com/experts/recovery-of-debts-723331.asp https://www.lawyersclubindia.com/experts/recovery-of-debts-723341.asp

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