need expert advice to get out of a financial mess
Querist :
Anonymous
(Querist) 12 March 2010
This query is : Resolved
My brother completed his higher studies in Australia, and is now having a decent job there.
One of our relatives, recently asked my brother for his bank account No. Then a person from Kuwait, transferred a large amount of money into his account, and our relative asked my brother to transfer it into another account in India. My brother innocently complied with this request. Now the person in Kuwait is demanding this money back, and threatening my brother with legal action, if he does not give the money . Kindly advice on how my brother can get out of this mess. If I can get a declaration from my relative who is known to the Kuwait party- stating that my brother has no connection with the money transfer, nor has gained financially out of it; will such a declaration help him in case of any legal problem? I would appreciate an early reply from the experts, and thanks for the same.
Raj Kumar Makkad
(Expert) 12 March 2010
In your case, your brother has definitely made a crime as defined under Money Laundering Act. It shall be better if this matter is solved with the help of your relative out of India otherwise if complained, it may create various problems for your family as well to the the person in India in whose account the said moeny has been got transferred.
B K Raghavendra Rao
(Expert) 12 March 2010
I do not see any problem in your case. One person from Kuwait transferred some money into the account of your brother and is now asking it back. Your brother has the money even though transferred to a different account in India. Why not your brother return the money?
When the money does not belong to your brother, he should not keep it.
Legally your brother has a defence in that some one had credited the amount and now it is being returned to the legitimate owner of the money.
Querist :
Anonymous
(Querist) 12 March 2010
Thanks for the immediate reply, but my question still remains unanswered. Will a declaration from my relative, stating that my brother has no role in the money that has been transferred to another account. will such a declaration help him out of this mess?
adv. rajeev ( rajoo )
(Expert) 13 March 2010
No such declaration by your relative cannot help your brother. The only person whom the amount is transferred by your brother he can help him. So make efforts to get written document regarding this.
Kiran Kumar
(Expert) 13 March 2010
i agree with Rajeev, however if some legal action is taken then certainly the burden will be upon the complainant also to prove, how u were connected with the money.
keep cool and act according to the procedure, take professional help of some lawyer in case any such complaint is made or legal action is taken.
Guest
(Expert) 13 March 2010
i do agree with Mr Kiran. You should take the legal assistance of a lawyer of your area.
Querist :
Anonymous
(Querist) 13 March 2010
Thank you once more for all your advice. I'm sure I can now encourage my brother to do the needful with the help of all your suggestions.
