Sent money to father-in-law and he declines to pay back

Mahesh (Querist) 13 December 2009 This query is : Resolved
I was working in USA and my father-in-law needed some financial help. In April 2008, he called me in USA and asked for some financial help and I sent him $41000 which turned out to be arond 16.25 lakhs rupees then. Now that I am back to India for good and want my money back he flatly has declined to pay back. He states that the money was given as a gift to my wife. Can I file any lawsuit to recover this amount and also to punish such behavior. Please help.

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A V Vishal (Expert) 13 December 2009
Yes you can file a suit for recovery of your money, however any criminal proceedings will tend to hurt the relationship between you and your wife.

adv. rajeev ( rajoo ) (Expert) 13 December 2009
File a suit for recovery of money. Court fee will be more. Before filing the suit you issue a notice so you can claim the cost of the suit.
Limitation period to file a suit is three years.

Y V Vishweshwar Rao (Expert) 13 December 2009
The Limitation Period is up to March 2011
In view of Relationship Try to Settle throguth relatives and mediators and also through Lok Adalath/ Legal Services Authority .If not materialised -file a suit for recovery of Money paid as loan to your father in law !

Arvind Singh Chauhan (Expert) 13 December 2009
It is a problem related with moral rather than legal. Moral forbids and law allows. Your father in law shouldn't do such.

Kiran Kumar (Expert) 13 December 2009
file a recovery suit as adviced by Vishal ji, make sure u ve enough evidence to proceed with law suit.

criminal litigation is not advised in ur case, we can not give colour of criminal litigation to every dispute.

since he is ur father in law , first try to solve the matter with mutual discussions if nothing comes out then proceed legally.