Handloan given to uncle

syed sirajuddin (Querist) 03 March 2020 This query is : Resolved
hi sir,
My self syed i have a query
I have given an Amount of Rupees 20450 / - to my uncle to buy auto from financier as he was having 20000 / - he said to me that he wants to get auto from financer he was unemployed i think that as he was unemployed he will earn money to fulfill the daily requirement of the life . as i said that to my uncle to confirm either financer excepting card or not he said that he was excepting the card . so i go to financer and meet personally and pay the amount of Rupees 20450 / - to financer on 14.05.2018 my uncle promise me to pay the amount monthly . after reminder so many times to uncle from 14.05.2018 to till date he doen not pay a single ruppees to me . he said that he was give auto rented to some other person his license not available Traffic police caught by autodriver due to he was not having license . till date he said that auto in traffic police station he will never go to traffic police station to pay the challan and get the auto . after pay to financer i was converted the amount into emi which has been paid as per schedule inform to uncle that iam going to convert this amount into emi u have to pay some extra amount as discussed he said he will pay. i think the auto is released by financer due to non payment of installments to financer . i saw same number auto in our surronding unable to catch . plz suggest me what to do how to recover the amount from my uncle

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Quick Summary

You lent a significant amount of money to your unemployed uncle to purchase an auto-rickshaw, with a promise of monthly repayments. However, he has failed to repay any amount since May 2018. The auto has been impounded due to unpaid financier installments and traffic violations, and your uncle is unwilling to retrieve it. You've also had to convert the loan into EMIs, incurring extra costs. The advice suggests issuing a legal notice demanding repayment with interest and, if necessary, filing a civil suit for recovery, ensuring you have all transaction records and evidence.

Raj Kumar Makkad (Expert) 03 March 2020
Serve a notice to your uncle demanding the amount with interest which is being paid by you to your banker failing which file a suit for recovery before the local civil court. You shall have to depose the evidence of the financier, wherein you used your card for making the payment in favour of your uncle for the purchase of the auto.

Akshay (Expert) 05 March 2020
Hi
As your Uncle borrowed money from you. I would suggest you to convince him by showing your needs to him and make a moral pressure of family on him, afterwards send him a legal notice, collect the evidence such as transaction record, chats with your uncle , call recording, messages, to make your case strong against him.

Hope this will help you
Best regards,
Akshay Gupta

KISHAN DUTT KALASKAR (Expert) 05 March 2020
Dear Sir,
You have to file a money recovery suit and get recovery your amounts if you have records having paid such amounts to your uncle.

Rajendra K Goyal (Expert) 16 March 2020
Money borrowed by the relatives generally has such problems. relation has to be spoiled when demanded.

Use relatives and friends to put pressure.

If you go for legal action, expenses may be more then the amount.

However, no other method seem to be left but to file recovery case against him, if the method of friend and relatives pressure results failure.

T. Kalaiselvan, Advocate (Expert) 21 March 2020
On the basis of the documentary or any other substantial evidences for having lent this amount to your uncle, you may issue a legal demand notice, make him to commit in writing whatever he wants to say and after that you can file a money recovery suit.
Without the auto rickshaw being hypothecated to your name, you cannot take any action to seize the auto rickshaw for this loan amount.

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