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peter rodrigues   18 May 2020

Money taken by relatives not returned since past 8years

Hi, I am from pune and in the year 2012 my mother gave 50000 fifty thousand rupees cash to my Aunt as she wanted to build her house without any interest. It's been 8years she has not returned the money when asked she says she will return it later but no luck until date. please assist if we can take a legal action against them


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 5 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     19 May 2020

Originally posted by : peter rodrigues
Hi, I am from pune and in the year 2012 my mother gave 50000 fifty thousand rupees cash to my Aunt as she wanted to build her house without any interest. It's been 8years she has not returned the money when asked she says she will return it later but no luck until date. please assist if we can take a legal action against them

 

1. Money has been given in Cash, hence there would be no documentary records, for purpose of court litigation.

2. Money was given 8 years ago, hence it is out of limitation period to file any recovery proceedings in court.

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

P. Venu (Advocate)     19 May 2020

Your mother cab serve legal notice and if your aunt acknowledges the debt, you can pursue the matter.

peter rodrigues   19 May 2020

I'm sorry the money was transferred through my mother's bank account by mistake I wrote in cash. Please assist

Dr J C Vashista (Advocate)     19 May 2020

Even if the amount was transferred in Bank account of your aunt, the amount was lended 8 years back, which can not be recovered through legal process at this stage, as limitation  for instituting suit for recovery is 3 years, as correctly analysed and advised by expert Mr. Henmant Agrawal, I fully agree and appreciate his acumen..

N. Sivaprakash, Chennai 984099 (Advocate)     05 June 2020

Try to get a Promissory Note or letter acknowledging the liability. Adding to that if you could get a cheque you can present and file necessary legal proceedings.


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