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Vijaya Lakshmi   02 May 2021

Money Recovery paid to sibling on good faith

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


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 21 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 May 2021

1.  File Recovery Suit in local Civil Court, with supporting documentary evidences and witnesses, by following due procedures of law, with the help of a local Civil Lawyer.

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

1 Like

Vijaya Lakshmi   03 May 2021

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..??

Dr J C Vashista (Advocate)     03 May 2021

What are the document(s) to support your averment / statement to prove that you have lended money to such family friend ?

It is advisable to consult and engage a local prudent lawyer for proper analyses of facts/ documents, professional guidance and necessary proceeding.

Sankaranarayanan (Advocate)     03 May 2021

When you given ? What is the mode of payment ? any paper got signed from the borrower? 

Kishor Mehta (CEO)     03 May 2021

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. 

G.L.N. Prasad (Retired employee.)     03 May 2021

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.

Advocate Bhartesh goyal (advocate)     03 May 2021

Material thing is that you have to prove by cogent evidence either it may be oral or documentary that you had lent money to your family friend.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     03 May 2021

Madam,

 

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.

T. Kalaiselvan, Advocate (Advocate)     03 May 2021

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

P. Venu (Advocate)     03 May 2021

The posting suggests you yourself are unsure of the facts. As such, any meaningful suggestion is impossible.

Vijaya Lakshmi   03 May 2021

@Dr Vashista we have couple of documents like blank A4 and sheet my sister she signed in the paper
Yes we want to proceed but before that we wanted to understand if it's legit or not!

M V Gupta (Advocate)     03 May 2021

Courts need evidence - documentary and / or oral evidence to prove that you lent money to your friend. in the absence of evidence no use of approaching court. Try other means of persuading the person to return your money. You may talk to him in the presence of a person known to you both. U may try to record he conversation / negotiation with ur borrower by video recording. this would become handy to prove ur case. 

Dr J C Vashista (Advocate)     04 May 2021

Blank signed paper can not be used as evidence. what are other documents to prove your case. 

P. Venu (Advocate)     04 May 2021

"Blank signed paper", that too from sister?  This platform is meant for the innocent who are facing hassles of law. Certainly, you are not one among those hapless persons!


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