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recovery of Money suit

Querist : Anonymous (Querist) 16 October 2010 This query is : Resolved 
Dear,
My uncle has taken money from my father and he doesn’t want give it back. How do we get our money back? Is there any case we can file against him (i.e. recovery of Money suit ). It would be really appreciate if any one can me guide me or provide the solution for above of the matter.
Thanks,
adv. rajeev ( rajoo ) (Expert) 16 October 2010
You can file a suit for recovery of money, but burden lies on your father to prove the transaction with documentary evidences, without documents you cannot win the case.
Kirti Kar Tripathi (Expert) 16 October 2010
i agree
B K Raghavendra Rao (Expert) 16 October 2010
Your father should cause issuance of a legal notice to your uncle. If your uncle acknowledges debt, then there are chances of your filing a money recovery suit. You have not indicated the amount involved. If it is a small amount, it is not worth making any exercises.
ashish lal (Expert) 16 October 2010
i agree with Mr. Rao
G. ARAVINTHAN (Expert) 17 October 2010
By what mode the transaction taken place?

Do your father have any proof as to the transaction?
Rajeev kulshreshtha (Expert) 17 October 2010
You are not mentioning about the basic document of loan if there is no document than in that case the opinion of is MR. Rao is very good.If there is any document you have to proceed with that document.
Rajeev kulshreshtha (Expert) 17 October 2010
You are not mentioning about the basic document of loan if there is no document than in that case the opinion of is MR. Rao is very good.If there is any document you have to proceed with that document.


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