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rajendra (na)     12 September 2013

How to recover the xxxx amount

Hello,


           I have sent xxxx amount to my father in law in the period of 2012 jan to 2012 dec(total 10 transactions) through internet banking.

After that FIL filed 498A case on me and now i want to recover the money from him.

1.can i send a legal notice regarding the xxxx money

2.if he is not returning money can i file a private complaint?

3.how long does it take and what is the procedure?

4.if he says he dont have money to return will the court accepts?

5.Everytime do i need to attend the court session?

 

kindly advise..thanks in advance



Learning

 3 Replies

Manish Kumar Gupta (Deputy Legal Manager)     16 September 2013

Dear Sir,

Query needs to be more clear, For what purpose you have transfered that amount to you FIL. Is is returnable as a loan or what??

Thanks,

Manish

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     16 September 2013

Dear Querist

My opinion on your queries are as under:

1.can i send a legal notice regarding the xxxx money

Opinion: Yes, you can send a legal notice through lawyer to demand your money from him.


2.if he is not returning money can i file a private complaint?

Opinion: This transactions comes under civil nature issues so it is not possible to file a criminal complaint against him.


3.how long does it take and what is the procedure?

Opinion: there is no time limit, file a civil suit for recovery of money before civil court after received the summons he has right to file his WS before court, you can file a replication, after that the court frame the issues and start trial, as your evidence, your cross examination, his evidence his cross examination, argument & Judgment.

 

4.if he says he dont have money to return will the court accepts?

Opinion: No, court pass an order against him and pass the decree in your favor.


5. Everytime do i need to attend the court session?

Opinion: its depend on the amount, if the amount is bigger then the lower court's jurisdiction then you have to appear before district judge otherwise civil judge.
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rajendra (na)     16 September 2013

Hello Sir,


Thanks for all your replies.

I have sent 2.7lac through internet banking but no agrement with my FIL.I have bank statement clearly for this.

The purpose is shriram chits at the sametime my FIL constructed house.

now i want to use this as weapon send legal notice for to return my money claiming my FIL took for house construction.

Is this a good idea?


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