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Y.SARATH BABU (ADVOCATE)     12 October 2010

MONEY RECOVERY

i given an amount of Rs.1,00,000/- to one person 6 months back he gone away and where about not known.  when i enquired one property is in his mother and she is not alive.  she had two daughters and one son (who is taken one lakh).  Now what can i do before court to recovery my amount.  Please advice me.

Thanking you to all the members.



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 3 Replies

R.Ramachandran (Advocate)     12 October 2010

What is the proof that you have for having paid the loan to him.  When was the loan supposed to be repaid by him?


(Guest)

In the absence of written documents we can assume that the buren of proof lies with the accused under section 102 of the Indian Evidence Act. Trace him either through electoral records or from Haridwar's register of dead persons and their family tree[If the accused is a Hindu his mother's record could be traced from their]. Difficult task but that could be the only way . If you have other tidbids of information like his friends addresses, his email ID, Passport, Bank, etc, get all investigated. Get the postman to rhand him his letters/ etc. Suggested, hire a Private detective agency. Cops are useless, but if you promise to pay them a a reasonable amount, they'll fish him out. Apparently you have given him cash, so use cash to get get him.


(Guest)

If you paid him by cheque then NIA could have been used. But if you paid him cash, court's can question the source of your cash and whether you income tax plus a hoard of other questions.


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