We have lent money to our family friend good faith but now when they recovered and in good wealth condition they are not supporting on returning our retired amount. We need ur expert advise to guide us towards right decision for Recovery 🎓Hyderabad As Rao Nagar
Sir can you help me understand what supporting document evidences n witnesses required.. Since most of the transactions happened on word of mouth and on good faith.. So we really want to know before we knock the doors of law WHT is really required..??
If you have no written evidence of having loaned the money or if the amount has been given in cash without the presence of a credible witness, it will be difficult to prove that you have loaned any amount and demand any refund.
These are not the days of "Manu Dharma" and those cases well supported by documents are being dismissed on technical grounds and those who use friendship for their selfish needs ignore those who helped them. It is left to you as to whether your counsel can argue and counsel and admit such lending by you for further recovery. Contact a local advocate.
When you helped your family friend lending money to him/her, did you take any paper noting the amount lent and when such money is to be returned. Such documents should have been dated and stamped. Such a document is now required to move the matter in Court. Further, if such a document exists and the date of such document is more than three years from today, the document is time-barred and no action can be initiated.
If money was lent without any document, only moral persuasion is the alternative through elders in the area and relatives.
If you have documentary evidence for having advanced the money to them in the form of loan agreement or a promissory note or bank statement evidencing the lending, you may first issue a legal notice demanding the money given to him
If he is not complying with the demands made, you may file a money recovery suit against the borrower before the concerned court of law.
Please make sure that the amount was lent to him within three years from the date preceding the date of filing the suit