Nagendra K 21 June 2020

Money Transferred

Hi,
I have transferred 2lakh rs to a lady through account in 2018 and I have taken a cheque and got her signature on the empty agreement paper, she is in hospital now because of health issues and she is somewhat serious. I have called her husband and told everything, but he is not ready to give an amount since he doesn't know about the money matter.

I have few questions:
1) Can I file a case against her though she is in hospital or should I wait for her to come back to home ?
2) What can I do incase she passes away ? Will her husband responsible to pay my 💰 ?
3) Will I get interest paid for 2lakh during the settlement ?
4) Is there any time limit in which I need to send her a notice ?

Looking forward to get a response as early as possible, Thanks in advance.

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6 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 21 June 2020

Hello,

You can send legal notice for recovery of your dues and on failure to repay your amount you can file recovery suit in civil court. If lady passes away you can proceed to reocover the amount from her husband. Court will allow the interest as per your recovery suit. Time limit for recovery is 3 years.

Nagendra K 21 June 2020

What if they pay the interest to me for some more time and if it crosses 3 years from the date of amount given ?

P. Venu (Advocate) 21 June 2020

The subsequent posting suggest that there are no real issues.

Sudhir Kumar, Advocate (Advocate) 21 June 2020

S/138 NI Act (if cheque is bounced which you did not say so) is not open ended. You lose your right if notice is not served and if caser is not filed within time.

Nagendra K 23 June 2020

I have the cheque given by her, but I didn't bounce that cheque. She was paying me the interest amount till May 2020. Later she admitted to the hospital because of medical emergency. She is still in hospital and her mobile is with her husband. When I spoke to him about the amount, he said he is not responsible for that amount taken by her wife. I am planning to wait for some more months as she is still in hospital. I have given the amount to her on 09/05/2018.
My question was:
Do I need to send a notice within 3 years of the above mentioned date even though I don't bounce the cheque ? or Will I have 3 years of time after I bounce the cheque ?