Return of money
Querist :
Anonymous
(Querist) 25 December 2011
This query is : Resolved
I paid Rs 4,50,000 to a close friend of mine to purchase agricultural land in 2010. The amount was paid thru RTGS in to his account.
He wrote the deal on a stamp paper of Rs 50 dated 09 JAN 08 on 27 NOV 10 and the paper is with me.
Till date, he has not registered the land on my name and evading the issue by stating silly reasons. He is not returning the money also.
In view of the above, please advise what is the procedure to get back the money legally.
Best Rgds,
Murthy.
Pradeep Rohra
(Expert) 25 December 2011
Firstly I will like to say that you have wrote the deal in stamp paper of Rs. 50/- it is wrong because for agreement stamp paper necessary is Rs.100/- & not of Rs. 50/-. Secondly, you have have done agreement on date 27th Nov. 2010 where as date of Stamp Paper is 9th Jan. 2008 so you must have to mention reason for this in the stamp paper.So firstly you must have to serve legal notice to your friend for recover your money and then after file a suit against your friend.
Pradeep Rohra
(Expert) 25 December 2011
You can file civil suit and also criminal complain under criminal breach of trust.
ajay sethi
(Expert) 25 December 2011
where are you located . stamp paper in maharashtra has validity period of 6 months only . in your case if stamp paper is of 2008 how can the said stamp paper be used in 2010 .
obtain aleeter from him wherein he agrees that sum of rs 4.50 lakhs has been received by him for purchase of agricultural land and that he shall trsnfer the same in your name within a stipulated period or return your money .
issue of legal notice may boomerang on you
jeevan1950
(Expert) 25 December 2011
The stamp paper wont help you. You can produce the details of transfer of money as a proof. You can recover the amount with interest but you can not enforce the agreement for sale of the said land.
Guest
(Expert) 25 December 2011
Agree with experts.
Shailesh Kr. Shah
(Expert) 25 December 2011
Since he is your close friend then settle matter amicable. If not settled, issue legal notice and thereafter,if requires, civil suit for recovery of money.
prabhakar singh
(Expert) 26 December 2011
Mr.Shah!He was his closed friend now escaping the commitment.
where are you located???
your agreement is not valid .
However you can realize back the money back by serving a notice claiming principal and interest.You are advised to consult a local lawyer for sending notice and filing suit.Please do not delay too much.Limitation is running fast.I doubt your friend is avoiding only because he is understanding the defect in agreement and by his strategy he wants to pass the time so that money paid by you also becomes time barred so that you fail to realize that even by a suit also.
Shonee Kapoor
(Expert) 26 December 2011
Rightly advised by Ld. Prabhakar Singh Ji.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 26 December 2011
Dear Sirs,
Thank U for the reply and the valuable advice. The stamp paper was issued in Andhra Pradesh. The land is supposed to be bought in Karnataka. And I am presently working in Mumbai.I will be happy for either of returning the money or Regd of land. I will give 15 Days time to settle the issue amicably if not,I will proceed legally as advised.
Thank U once again for the valuable advise.
My heartiest regards for this Forum for helping the people like me.
Best Rgds,
Murthy.
Devajyoti Barman
(Expert) 28 December 2011
Yes I agree too with the views made above.
