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Raja Naik   02 August 2025

Filing civil case

One of the person in our village had taken some money from my father in year 2001 and has written a agreement in 20 rupees stamp paper (but not registered) at that time mentioning if he does not repay the load amount then his land belong to few survey numbers can be taken over by my father.

Now we came to know that that person did not return money to my father (from my mother) and both my father and that person are dead, can we file a civil case against those properties and declare to our names?



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     02 August 2025

The lona was obtained in the year 2001. Any action to be taken for recovery of the defaulted loan should have been done within three years from the date of loan and not beyond that, now it is bared by limitaiton act, hence you cannot do anything about it.

R.K Nanda (Advocate)     02 August 2025

Now you can't file any case in court as limitation had expired long back.

kavksatyanarayana (subregistrar/supdt.(retired))     02 August 2025

Why did you wait till this time from the year 2001? Amicably settle the issue with the legal heirs of the borrower if possible, but in no other way.

Dr. J C Vashista (Advocate )     03 August 2025

If the borrower / executant of agreement has admitted the loan within last 3 years (in writing), you can proceed to recover the amount or initiate execution of sale deed of the subject land.

Otherwise, the agreement of 2001 is a waste paper and you will have to forget the loan amount advanced to him.

 

T. Kalaiselvan, Advocate (Advocate)     04 August 2025

Actually the querist is not even aware whether the loan was recovered by his father from the borrower or not, he is now trying to encash the opportunity of the loan agreement paper that he  found from somewhere.

Moreover the amount was lent by his father which cannot be said to be in the personal knowledge of the querist,  hence he cannot even file a suit for recovery without knowing anything about the transaction. 

Moreover this appears to be a query of academic nature, therefore there is no point in giving any opinion to such questions.  


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