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Harmanjit singh   13 May 2020

given money without proof or documents

hi sir,
if someone has given money to anyone with any proof or any document...can he take money forcefully without any proof


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 11 Replies

Dr J C Vashista (Advocate)     13 May 2020

If you have documentary evidence and the borrower is reluctant to refund issue legal notice through a local lawyer for recovery of amount due.


(Guest)
It's not possible to legal.recourse without any proofs or documents in support of said transaction.

G.L.N. Prasad (Retired employee.)     13 May 2020

This is your query: :if someone has given money to anyone with any proof or any document...can he take money forcefully without any proof

Reply:

1)Giving money is a fact.

2)Not taking any document shows overconfidence that amounts can be recovered.

3)When the lender is legitimately entitled to getting such money back from the borrower, he may use that force for recovery.

4. Members are not competent to guess/assume the course of action of such a lender and can only state that his actions to recover money is legal though it is without document.

5. It is left to borrower either to yield for pressures or for repaying the money legally or face the consequences.

Contracts can be oral or in writing.  Even oral contracts are enforced depending on competencies  and even written contracts are not honoured. even if it is supported by full documents and authority. (Banks)

P. Venu (Advocate)     13 May 2020

Taking back the money entails deprivation of property. Rule of Law mandates that this could only through due process, not forcefully.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     13 May 2020

Originally posted by : Harmanjit singh
hi sir,if someone has given money to anyone with any proof or any document...can he take money forcefully without any proof

 

1. YES .... a Person can "FORCEFULLY" take back his unaccounted money PROVIDED such person is ready to go to Jail for Three years and avail Free Lodging & Boarding provided by State Govt.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Harmanjit singh   13 May 2020

I mean if 'A' had given money to 'B' many years back..But there is no evidence or proof that 'A' has given that money to 'B'...
Can 'B' has rights to take money forcefully or by taking any legal action on 'A' ..?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     13 May 2020

1. IF money was given more than 3 years ago and there is no documentary evidences, whatsoever,  THEN legally nothing can be done.  Forget the money as bad debt and move on in life.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Harmanjit singh   13 May 2020

so in this if any person try to threat to get many back.. then?

P. Venu (Advocate)     13 May 2020

Dear querist, Please don't put riddles. You should have posted the complete facts bringing out the real issues, if any.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     13 May 2020

Originally posted by : Harmanjit singh
so in this if any person try to threat to get many back.. then?

1. THEN simply take or give back the money and end the dispute.

2. Was the money given under the influence of Alcohol or something ????

Deekshitulu.V.S.R (B.Sc, B.L)     13 May 2020

U have to adopt only legal course.  Using forcfe may result in criminal action against the lender. You cannot say "reasonable" forcce.


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