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Gana   08 October 2026

Money recovery

My father gave money to his brother in law 30 years ago for a higher than bank offered rate on a compound interest basis, however the interest was not paid and the money also was not returned or repaid to my father. because of relationship my father did not file any case on his brother in law, last month the brother in law (the borrower) passed away. now we came to know that the borrower has purchased many properties in different cities and not repaid the money to lenders intentionally, this amounts to cheating, non payment of principal and non payment of interest. the limitation act says if the amount is more than 3 years outstanding case cannot be filed. is there any other legal remedy available so that we can get the money back by bringing a stay on the borrowers properties or any other way out for recovering the money. settlement route as failed as the 2 daughters of the borrower are not willing to pay the money. ever the borrowers wife is not willing to repay the debts. is there any way to file the case now as the case involves money lent by cheques and interest and money lent are outstanding for more than 30 years now.

thanks

 



Quick Summary
A father lent money to his brother-in-law 30 years ago with compound interest, but neither the principal nor the interest was ever repaid. The borrower, who has since passed away, intentionally avoided repayment and acquired significant property. Despite the 3-year limitation act, the family is seeking legal recourse to recover the debt, as the borrower's family is unwilling to settle. The funds were originally lent via cheques.

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     08 October 2026

A recovery suit shall be filed within 3 (three) years from the date when the cause of action arises.

Sourav Das (Advocate Supreme Court of India)     09 October 2026

Issue legal notice through advocate. If they refuse to pay, then the cause of action arises. Then file suit for recovery of money.

Dr. J C Vashista (Advocate )     09 October 2026

It is barred by limitation of 3 years.

Settle the matter amicably or be cool.

Advocate Bhartesh goyal (advocate)     10 October 2026

No, after lapse of 30 years no any legal action can be initiated.

P. Venu (Advocate)     14 October 2026

Yes, any action is barred by limitation. Of course, there is no harm in issuing a legal notice and trying your luck.

T. Kalaiselvan, Advocate (Advocate)     15 October 2026

Under Indian law, recovering a debt that has been outstanding for over 30 years presents significant hurdles under the Limitation Act, 1963. However, depending on specific evidentiary trails, there are specific legal avenues and exceptions to explore. Under Section 9 of the Limitation Act, once time has started running, no subsequent disability or event (such as hesitation due to family relationships or the death of the borrower) stops the limitation period from expiring. With reference to section 18 of the act, if the borrower signed any document, letter, WhatsApp message, email, or promissory note acknowledging the debt within any 3-year window over the last 30 years, each signed acknowledgment resets the 3-year limitation clock from that specific date. If the late borrower gave a written confirmation or letter admitting the money owed at any point in recent years, a civil suit can be filed against his legal heirs.

Even if a debt is completely time-barred, if the borrower signed a written promise—or issued a cheque—promising to pay whole or part of that time-barred debt, it creates a brand-new, enforceable contract.

Search for any signed notes, letters, diaries, bank statements showing original cheque transfers, or written acknowledgments where the borrower recognized the loan.

You may serve a legal notice to the legal heirs (wife and daughters), demanding payment from the estate left behind by the borrower.

If filing a civil suit, your lawyer must specifically invoke Section 17 of the Limitation Act (fraud/concealment) alongside an application under Section 5 of the Limitation Act for condonation of delay, clearly stating why action was delayed due to family trust and recent discovery of intentional deception.


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