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RamaKrishna (none)     13 November 2014

My uncle borrowed my money not repaying back

My uncle borrowed an amount of Rs.1,50,000/- from me on May 2013. The only proof that I have are my Bank account statements that indicate myself transferring this amount to my uncles bank account.

It's been more than an year and a half now, despite I asked my uncle to repay my money at various instances he hasn't repaid it back.

He sent me an SMS to my mobile saying that he shall pay it as early as possible, he was saying the same over phone when ever I called him in the past, now a days he is not even picking my phone calls.

My Grandmother from my mother's side who is also the mother of my uncle who borrowed the above said money from me is the witness of this transaction and she agreed to come to any court of law for me to help me get my money back from my uncle.

I live in Visakhapatnam, Andhra Pradesh and my Uncle who borrowed the money from me lives in Erode, Tamilnadu. My grandmother who is the witness lives in visakhapatnam too.


I wish to know few details:


1) Is this case eligible enough to be taken to the court of Law? I ask this because there is no proof other than the bank statements indicating the transaction.

2) For filing the case, can I approach the Court of Law in Visakhapatnam (andhra pradesh) where I live or should I have to approach the Court of Law in Erode (tamilnadu) where my uncle lives. Matter of fact I live in Visakhapatnam and I transferred the amount to my uncle who lives in Erode, Tamilnadu via an Online / Netbanking NEFT transaction method, none the less the transaction took place in visakhapatnam. The address mentioned on my bank account statement is my house address at visakhapatnam.

3) My uncle owns a plot of land in Visakhapatnam, but his house where he currently resides is in Erode Tamilnadu. Can I attach his Property at Visakhapatnam worth about Rs.6,00,000/- at the time of filing my case. If I do so wouldn't he be able to sell his property at visakhapatnam until my case is solved in the court?

4) Do I have to engage a Lawyer for this case or can I represent my case myself in the court.



 



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 12 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 November 2014

Better to send a legal notice. wait for their reply. and file a suit through lawyer help.

1 Like

Kapil Chandna (Lawyer at Supreme Court of India)     13 November 2014

Dear, Try sending emails and messages, so that he will admit the amount. That will be helpful for u in future to prove before the court of law. Send legal notice initially, if no result then file w civil suit. Adv kapil chandna, 9899011450
1 Like

RamaKrishna (none)     13 November 2014

Could somebody please answer all my questions. Thanks in Advance.

RamaKrishna (none)     13 November 2014

May I request somebody to kindly let me have the format of "Legal Notice" to be issued to the borrower on the above mentioned context.

Advocate Ravinder (Advocate/Attorney)     13 November 2014

Follow the advise of Ramachary and Kapil Chandana.


1) Is this case eligible enough to be taken to the court of Law? I ask this because there is no proof other than the bank statements indicating the transaction.

A. Eligible but you have to fight by appointing an experienced advocate, otherwise you may lose the case. 

2) For filing the case, can I approach the Court of Law in Visakhapatnam (andhra pradesh) where I live or should I have to approach the Court of Law in Erode (tamilnadu) where my uncle lives. Matter of fact I live in Visakhapatnam and I transferred the amount to my uncle who lives in Erode, Tamilnadu via an Online / Netbanking NEFT transaction method, none the less the transaction took place in visakhapatnam. The address mentioned on my bank account statement is my house address at visakhapatnam.

A. The rules of territorial jurisdiction are 1) Place of defendant i.e. your uncle place whether it may be residence or working place 2) place of cause of action  3) place of part of cause of action.  In simple way, you can file case at your place i.e. Vishakapatnam or Erode, Tamilnadu. It is your option.

3) My uncle owns a plot of land in Visakhapatnam, but his house where he currently resides is in Erode Tamilnadu. Can I attach his Property at Visakhapatnam worth about Rs.6,00,000/- at the time of filing my case. If I do so wouldn't he be able to sell his property at visakhapatnam until my case is solved in the court?

A. Yes, you can attach the above property. Once it is attached, he cannot sell. 

4) Do I have to engage a Lawyer for this case or can I represent my case myself in the court.

A. As this is complicated case, it is better to appoint advocate that too experienced only. Do not look for less fee.  He should be reliable also.
 

1 Like

Karthikeyan (Manager)     13 November 2014

Please approach senior civil lawyers.

Kumar Doab (FIN)     14 November 2014

Before you send written communication drive the discussion and try to extract admission of debt on calls/meeting s and record(audio/visual). Involve elders/influecial ones to extract admission in writing. Agreed that you should approach a senior and experienced lawyer.
1 Like

RamaKrishna (none)     15 November 2014

Dear Ravinder.P,

Thank you very much for your valuable reply.

You said:
"A. Eligible but you have to fight by appointing an experienced advocate, otherwise you may lose the case."

If I lose the Case by any means, do I have to pay my uncle for the expenses that he incur to attend the court case, court fees and lawyer fees etc.

Can I write the Demand Notice myself or is it mandatory to get the Demand Notice written by a Lawyer. I wish to represent my case in the court of law myself without a lawyer (My main goal is not to win the case, My main goal is to bring my uncle to visakhapatnam from Erode all the way to attend the court case and it's hearings again and again, I wish to trouble him back for the troubles that my uncle gave me by borrowing my money and challenging me saying that he shall not repay).
 

RamaKrishna (none)     15 November 2014

Dear Kumar Doab,

Thank you very much for providing guidance.

You said:
Before you send written communication drive the discussion and try to extract admission of debt on calls/meeting s and record(audio/visual). Involve elders/influecial ones to extract admission in writing. Agreed that you should approach a senior and experienced lawyer.


I have the Bank Statements showing the money transferred from my account to my uncles's account.
My Uncle's Mother (my grandmother from my mother side, I mean my mother's mother) she is a witness and mediator of this transaction. More over out of the 1.5 Lakhs that I transferred to my uncle's bank account, a sum of Rs.50,000/- was transferred to my Grandmother's Bank account first and then the same amount is transferred from her account to my Uncle's bank account.

My grandmother was a mediator in this transaction, she herself agreed to help me get my money back and she promised me to come to any court of law any day to get me justice.

My uncle's family are very rough and emotional if I go to their house they might do any physical damage, nobody from our relatives wish to mediate this matter saying this is a matter within my own family and that we have to resolve it ourselves.

There is no further chance of admittance as my uncle almost stopped taking up my phone calls and he doesn't even bother to reply my emails. Hence I thought Finally a Demand notice would help which would give him a chance to admit and to do what is demanded or to fight in the court of law for his rest of the life.

T. Kalaiselvan, Advocate (Advocate)     16 November 2014

The bank statement for the transaction through which you have transferred money to your uncle will be a substantiating evidence, besides you have a sms from him confirming the return of the loan amount will be a supporting evidence.  All you have to do is to send a demand notice by registered post to him asking him to return the amount he borrowed and the same was given to him by you through the referred bank transfer in so and so date,his reply will confirm the loan or even if he does not respond, it may construed that he has been properly intimated about the liability and given a chance to him to return the same.  Subsequently you can file a money recovery suit from Vishakapatnam itself, in that you can add an application for attachment of his property for security before judgement.  This will make him run to the court or for an out of court settlement. 

1 Like

RamaKrishna (none)     16 November 2014

Dear Kalaiselvan, Thank you very much, I will work on it immediately.

T. Kalaiselvan, Advocate (Advocate)     16 November 2014

You are welcome for your appreciations.


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