anmol taunk (owner) 11 December 2015

Money lended

MY FATHER HAD LENDED SOME AMOUNT TO MY UNCLES SON , AFTER DEATH OF MY UNCLE, SO THAT HE CAN SUCCESSFULL RUN HIS BUSINESS AND HE PROMISSED TO RETURN THAT AMOUNT IN 6 MONTHS VERBALLY.

TOTAL AMOUNT WAS GIVEN IN CHEQUE TO HIM BY MY FATHER.

NOTE: WE ONLY HAD CHEQUE NUMBER AS A PROOF NOTHING IN WRITTEN WE HAD.

NOW WE ARE TRYING TO THE MONEY BACK BUT HE SAYS HE WILL NOT RETURN DO WATEVER WE CAN DO.

WAHT ALL THINGS CAN BE DONE LEGALLY TO TAKE OUR MONEY BACK

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9 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 11 December 2015

Sir, Trap them to admit the case and send them legal notice to recover the same .... Warm Regards Kapil Chandna Advocate 9899011450

Sudhir Kumar, Advocate (Advocate) 12 December 2015

Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.

You father cannot be expception. He has to get a bad name by suing his own nephew.

Sudhir Kumar, Advocate (Advocate) 12 December 2015

रखना बजुर्गों का यह कौल सीख

पहले दे उधार फिर मांग भीख

SAINATH DEVALLA (LEGAL CONSULTANT) 12 December 2015

Mere payment through cheque for the said amount cannot be a ground for even filing a civil suit.There have to be supportive documents.Hence better to get the money back through mediators involvement.

Sudhir Kumar, Advocate (Advocate) 12 December 2015

you are not getting the money back. better do not lose health by higher BP.

Anand Bali Adv. (Advocate Solicitor & Consultant) 12 December 2015

Dear one please any how get it addmitted that the money was given to him as a friendly loan to him to help him to sustain himself in business then after send him a legal notice to repay it and in case he does not give back file a recovery suit.

Dont forget to see the Limitation according to the Limitation Act.

Sudhir Kumar, Advocate (Advocate) 13 December 2015

Mr Bali has endorsed the views of Mr Kapil Chandra. He has also validly indicated the aspect of Limitation. ---------- you have not at all stated as to when and how much period has lapsed when the money became due. further with due regards to experts above, I reiterate that money given to friends and relatives is always a charity.

T. Kalaiselvan, Advocate (Advocate) 22 December 2015

The important act to be done by you now is to make him commit to the amount borrowed. For this you can issue a legal demand notice stating that he borrowed the amount and the consideration was passed through the cheque No..... on .....date.

The facts will irk him and he may rush to deny either the entire amount of part of it etc, based on this you may file a money recovery suit and also you can file a petition for attachment before judgment of any property that is in his name in the money recovery suit as a security.

Sudhir Kumar, Advocate (Advocate) 23 December 2015

Youhave still not clarified the timing portion. If not barred by limitation you can try the suggestion of Mr Kalaiselvan. If this works the limitation may also revive by fresh admission. But I still maintain that you are getting nothing but bad name in society. Our society does not like an uncle suing a nephew that too without a proof. better do not lose health by higher BP.