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mac11420@mumbai (-)     02 January 2012

Need back my money that was lent to my brother

Dear Expert,

I have lent some lakhs of rupees to my brother for urgent needs which he's not returning me back, its a high time now and so wish to know how can I proceed legally to get it. the only proofs i have is cheque, bank statement. My parents are cognizant of the fact and they do support me, they have tried asking him several times but he does not care, my  uncles have also tried to make him understand that he is doing wrong to me but he is not listening to any one, he accepts the fact that he has taken the money but will not return whatsoever, reasoning all incorrect excuses or allegations by raising his voice. 

How should i get this sorted out, please explain, also my parents tell me that he is not afraid of police as he has good contacts and can spend money to handle serious matters.

Please advise.

Thanks

 



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 9 Replies

Raghav Sood (Lawyer)     02 January 2012

file suit for recovery you will definatly succed since your are edificed by instruments like cheques while advnacing loans 

Raghavendra (Accountant)     03 January 2012

Dear Sir,

I was paid Rs.30 laks for purchasing a house in Bangalore. Balance amount of Rs 20 laks was agreed to pay at the time of Registration. But now the house owner refusing to register the house in my name and asking time(Unspecified) to refund the Rs.30 laks.

I have an agreement for 30 lakhs.


How can I come out of this situation.

sriram kartik (Advocate)     03 January 2012

You had two opitions

1.  first give legal notice to me and you can file suit for recovery of amount

2. present the cheque in banker and let it may bounce and you can file NI Act case in Criminal Courts by following due process of law,

if cheque is in within time other wise you have the 1st opition to file recovery of amount

Raghavendra (Accountant)     04 January 2012

Thanks Sriram,

 

What is the court fee I need to pay for filing the suit.

How many days required for final judgement.

sriram kartik (Advocate)     04 January 2012

may i know the amount which you have lent to your brother, so that court fee can be calculated

regarding time it takes 2 years (min)

Raghavendra (Accountant)     04 January 2012

Dear Sriram,


Money involved is 30.00 lakhs.


Place Bangalore.


It is not with my brother. Kindly see the third one.

sriram kartik (Advocate)     05 January 2012

You have two opitions here also

1.  You can file recovery of amount for Rs 30.00 lakhs and another one is

2. You can file Suit for specific perfomace of contract basing on the agreement in the said Suit you should ask two prayers one is direct the contract to performe the contract basing on the agreement and another one is if he is not willing to do so direct him to pay the said amount along with interest, and the court has powers to give decree and judgment.

 

after filling  of suit when you are examining you have take the attestors of the said document so that you can succed in the said case.

 

coming to court fees: upto 25,00,000/- is Rs 1,29,625 and for remaining Rs 5,00,000/- is 3 1/2 %
 

mac11420@mumbai (-)     10 January 2012

Thanks Raghav, I have lent him amount  by cheque 4.8lac and later 5lacs that was transfered to his bank account on basis a letter application to bank, i can get the statements and letter as well, will these evidences work to file a recovery suit, also first amount was lent to him in 2007 and later was in 2009, will there be any limitation of filing suit. Also first i am trying  to get justice from my village panchayat before taking any serious step. What is the process of filing recovery suit, where can i do this and what it will cost me, I have a home loan and cannot spend much at the moment so may not wish to burden my self if its very expensive process

Please advise 

mac11420@mumbai (-)     10 January 2012

Originally posted by :Raghav Sood
"
file suit for recovery you will definatly succed since your are edificed by instruments like cheques while advnacing loans 
"

Thanks Raghav, I have lent him amount  by cheque 4.8lac and later 5lacs that was transfered to his bank account on basis a letter application to bank, i can get the statements and letter as well, will these evidences work to file a recovery suit, also first amount was lent to him in 2007 and later was in 2009, will there be any limitation of filing suit. Also first i am trying  to get justice from my village panchayat before taking any serious step. What is the process of filing recovery suit, where can i do this and what it will cost me, I have a home loan and cannot spend much at the moment so may not wish to burden my self if its very expensive process


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