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Curious Sam (Self)     05 June 2012

138 cheque bounce - legally recoverable loan - relatives

Even if money transfers can be proved between close relatives or siblings, what is the criteria for establishing them as legally recoverable loan since monetary gifts or even unconditional monetary help cannot necessarily be classified as legally recoverable. If one sibling goes to another sibling in times of need and aks for money which they also get and later on their relationship sours and the lender sibling wants that money back - does the monetary gift at that point convert into legally enforceable loan? By law, should a written agreement accompany any money transfer for it to be a loan and not a gift. In case of business dealings, an invoice or proof of supplies proves legal liability.  Often, in siblings, you hear the statement "Jab Hoga, Vaapas De Dena" - that cannot be a legally enforceable loan just because the lender changes their mind later on.



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