If you can establish that you funded the transaction and he did not have source to acquire the property and including the fact that he purchased on your behalf. In that case, a presumption may arise that he is not the lawful owner.

1) Do you have proofs that you have transferred money online or NEFT?

2) And there after this land purchase transaction took place date and does he orally said that he will return money within so and so months or land will transfer on your name.

3) If he had said orally than need atleast two witnesses in who's front of he had said it.

4) lodge the complaint under fraud and misrepresentation & guidance.

1) your claim for recovery of Rs 16 lakhs is barred by limitation

2) suit ought to have been filed within period of 3 years for recovery of your money

you can issue legal notice to brother in law to repay Rs 16 lakhs with interest as he had borrowed funds for purchase of agricultural land

This is a benami property which happens to be standing in the name of your BIL, though you happen to be its real owner and he happens to be its ostensible owner.

If you have proof of transfer of these 16 lacs from your account to his, send a legal notice to your BIL and seek forthwith recovery of these dues.

Take a legal route is he fails to pay-up despite the legal notice.

1) the all facts that took place to purchase land i.e. From transfer of money from your bank first. Than second move happened to purchase land from that same amount, show his accounts details as well.all step by step procedure.

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Dear Sir

By hook or crook you have to recover. There are two options one by civil and another (false case) criminal. We can bring him to terms. The present documents are 75 % sufficient. We shall work out. Please come to my office for legal advise with all documents for effective steps.

As it is the same bank, you need to obtain a complete statement of account right from the opening of the account. Any amount lying in his account before your transfer, right from your transfer, acquisition of property minus his funds shall establish that he purchased out of your funds. Also, the dates of cheque issued to the builder along with your transfer can also establish that it has been funded out of your amount. Retain copies of email if you have sent to him explaining your intent to purchase the land in your favour.

Dear Client,

Such purchase of property is called BENAMI Property.

If payment of money made from known source and have proof of transaction, money recoverable through court or if property is of 16 lacs only than acquisition of title/possession also. Any one relief.

Based on the transfer of money from your account to his account and the subsequent sale transaction can be lined and you can file a case for recovery of money but should have to file the case within the limitation period.

You will have to produce before the court the transaction receipt from the bank and will then have to file a suit in the accordingly in the civil court at the place where the property is situated.

Regards

Also you can file a FIR for fraud and cheating and if you think that the said person will mend his ways after receiving a legal notice, then you may send him the same.

Regards

If u have legal transaction then u can claim

1. If you have evidence that you have transferred the said amount to him through bank transfer, then you can show it as loan advanced to him which you can claim back with interest at bank rate.

2. File a Money Suit claiming refund of Rs.15 lakhs along with interest at prevailing bank rate, damage and cost.

3. Before filing the case, you shall have to send him legal notice to this effect.

1. You are not entitled to own the agricultural land under any circumstances.

2. So, there is no point claiming the said agricultural land.

3. Show it as if you had given him loan for his buying the said property for which he had agreed to pay interest at the rate charged by the Bank and that he is neither returning the principal nor the interest charged thereupon.

4. File the Money Suit as advised in my earlier post.

5. It is a good case to win.

1. You have proof of remittance of money to him but do you have any proof to prove that the money had been transferred to him to transfer the land to you? If you do not have any such agreement then you will not be able to prove his liability to transfer the land to you.

2. Since you have documentary evidence to prove the remittance of money to him you may file a suit for recovery of money to recover the amount with interest.

Hi,

This makes no difference that for what the money was paid.

Please insist that the amount paid was interest free loan to him to be returned after some time .

Please file a money suit in the civil court to recover the money on the basis of documents of transfer to his account.

Please note that the Payment is the fact and Payment by him from the account is not material.

Please submit your bank account detail which indicate the transfer to him.

No, you won’t be able to get back as the limitation period has expired which is 3 years to ask for repayment.

I had asked him to transfer the land to my name but now he is not ready to transfer the property and not ready to pay the money also. Is it possible to recover the money in this case?

Unfortunately the claim for return of loan amount is very badly barred by limitation.

Three years is the time limit for initiating any legal action for recovery of the loan amount.

The apathy is that you dont have any proof to prove this loan amount given to him.

You may have to choose a step other than legal to pressurise him to return the loan amount borrowed from you.

Only proof I have is I had transferred the money to his syndicate bank account and he issued the cheque to the property owner from using the same bank account. Transactions are within the short duration of 2-3 days between me transferring to my brother in law.

What documents do I need to produce in this case?

Though you may have the proof for sending him the money, claim is barred by limitation.

However you first issue the statutory legal demand notice.

If he is admitting the loan then the liability will begin from that date for next three years.

Then you can file a recovery suit

Please note you need to show how you got amount and you can't get property but you can sue for recovery of money filing a shit before competent court ... you need to show the money was deposited in his account from your account and that he was not in position to invest such huge amount you need bank transactions statement of where you withdrew cash and his transactions....

If you have have his cheques you can file 138 Negotiable Instruments Act proceedings. If not you need to file FIR or complaint for cheating against him