Recovery of money lended and family issue.
A.Riyaz
(Querist) 25 September 2014
This query is : Resolved
Hi All,
My Parents have lend Money to my Sisters would be Husband in June 2014 for business purpose. My parents are too old and don't understand any legalities. They sold their property and handed over 27L to him via Cheque on the grounds of Relationship and bonding. He mentioned that he will give it back In August. But he married my Sister and then asked for Divorce within 5 days. When My Sister asked to give the Money back and I will sign the divorce papers, he started Threatening that everything is going to be worse for you people from now onwards because my parents are unhappy.
Whomever we approached to help us to recover the Lended Money, they have taken money for their own good from that Person and are not ready to help. That guy is spoiling my sisters name in front of everyone stating that she Drinks and also said that he didn’t knew about her previous marriage (MY sister was married earlier and the first guy demanded for Dowry so we filed a complaint against him with the help of one of my Friend who is a political person as no Police officials were helping us. The case is still going on and we also tried to withdraw the case by filing a consentum. But the same political guy my s called friend is not letting that happen and says that he will demand money from my sisters ex husband. That is the reason we denied again stating that this is unfair and he cannot pay the amount that you need and we don’t want to fight this case anymore as there is a rishta for my sister. And all these things were not hidden from the guy who married my sister in August 2014. We have WatsApp messages supporting that the guy knew everything before getting married. But he is spoiling her name in from of every known person to us that he didn’t knew that the case is going on. Infact he forced my sister to marry without our consent and she agreed. The marriage was suppose to be delayed until the case is over. But he was threatening my sister stating that all of us will be arrested and jailed as one of the political person is handling the case and he has forged the documents and the police officials are also with him. She said yes to marry him in a week and she fought with us stating that she want to marry. Being a girl she sacrificed herself for our good. I know that shouldn’t have happened, but from her perspective, she was scared, threatened and demoralized to get married for her families safety . The case is still going on and now the second problem has started as this guy after taking money from us and marrying my sister, is demanding for Divorce). He also gave money to my old Friends and even they are converted now.
But somehow I got 4 cheques signed from him with accumulative amount of 27L in August 22nd and he asked to deposit the cheques after a month of teh issue of cheques. To which we agreed. On 23rd September we told him that we are going to deposit the cheques, he said fine you can deposit it.
All the Cheques are bounced. My sister is at my home. No contact with that person. He has a Transport business with 70-80 cars including Luxury cars. Even my so called friends are working with him and one of them is a Political person with lots of people around to help him. Also the Guy who borrowed Money from us has top most political contacts. We are really scared of these people and don't know how to recover the money.
When we told him that the cheques are bounced, he says that the company is running in losses and we have to wait. When asked what date shall we come to get the money. He just mentions that we have to wait otherwise do what you want.
I really don't know what to do. I just have a proof that the cheques are bounced, no other written documents.
Is there any way that we can recover the amount, 27Lacs won't be anything for few people, but its a fortune for us.
PLEASE HELP.
Sudhir Kumar, Advocate
(Expert) 25 September 2014
I read
"My Parents have lend Money to my Sisters would be Husband in June 2014 for business purpose. "
Nothing more is require to be read. Such money is never to be recovered. It is donation in the garb of loan.
A.Riyaz
(Querist) 25 September 2014
Thanks for your Reply Sir. But what about the Bounced Cheques?
Rajendra K Goyal
(Expert) 26 September 2014
Immediately consult a local lawyer and send notice for cheque bounce. File case under 138 NI Act.
ajay sethi
(Expert) 26 September 2014
file summary suit for recovery of Rs 27 lakhs based on bounced cheques. you will get results faster
A.Riyaz
(Querist) 26 September 2014
Thanks Mr. Rajendra and Mr. Ajay. I will certainly do that.. I have another question..
This guy is very smart. He has transfered all his Money in his brothers account. I got tot know this today. Now I m really confused that after filing a suite with the help of a lawyer, what if he proves that he is bankrupt. Is there any solution to that.. I have a message on WhatsApp stating that Some of the Polition on a high post has kept a property worth 1.50cr in his name here in mumbai. Now I don't know if it is true or not. But he has cars in his own companies name and some on his name.. He can transfer that as well and can show that he sold the company.
Rajendra K Goyal
(Expert) 26 September 2014
Prayer for attachment of property owned be moved before the court.
A.Riyaz
(Querist) 26 September 2014
Thanks Mr. Rajendra.
I really appreciate all your help.
According to you people are there any other possible steps he could take?
T. Kalaiselvan, Advocate
(Expert) 02 October 2014
After having advised with proper steps to be taken, you are coming out with new doubts, this is very bad, there will be no end for the doubts if you make it a habit. First take steps to recover the amount as advised and also be brief in your query from next time.
Raj Kumar Makkad
(Expert) 02 October 2014
Rightly advised by experts hence no more to add.
