Claim money from sister-in-law for visiting us / informal loans
My sister-in-law is a divorcee. During the divorce proceedings, she stayed in our house for 5 months in 2011. Later, after the divorce, she visited our house for 15 days / year between 2012-2016. However, in 2016 our relations soured. And she has dragged us to police stations on false allegations. Now, that the relationship has soured, can we claim rent against the time she has spent in our house from 2011 - 2016?
Also, she has borrowed money from us for flight tickets and laptops upto 3 Lacs from 2012 to 2016. We do not have much documentation on these loans except the receipts. Can we claim money for these informal loans which we have extended as goodwill?
Asked 3 months ago in Civil Law from Bangalore, Karnataka
Yes, you can claim your amount from her after issuing a legal notice to her and if she is not ready to clear your dues/ loan then you may file a civil suit for recovery against her before civil court.
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Advocate, New Delhi
1. It was permissible occupation and her status was licensee and hence you can not claim rent for her stay for those period.
2. To claim for the period you will have to show by documents that there was tenancy agreement with her and she agreed to pay rent for that period.
3.Moreover since more than 3 years has passed even if there was tenancy agreement you can not claim rent beyond the last 3 years.
4.You can file suit for recovery of loan but not beyond the last 3 years of time.
Since there was no landlord tenant relationship at that particular time therefore the rent can not be claimed by you.
Yes you may claim the ammount that has been given to her by you, send a legal notice to her for the same and if she fails to respond then file a summary suit. You may note that limitation for filing such case is 3 years and for the loan that have been extended before 3 years you will have to tell the court reason as to why you never claimed the money for 3 years.
Advocate, New Delhi
1) You can claim anything that you wish to against your sister - in - law, however she should accept it for that if its proved in the court than she has to pay for it.
2) while claiming the such amount a lawyer should draft content like she had asked your help for that period which she lived in your house and she promised to pay later, but she is denying.
1. You can claim money borrowed by your sister-in-law from you towards flight tickets and laptops.
2. Based on the receipts of expenditure in your possession, send a legal notice to your sister-in-law for recovery of the amount.
Whatever documents you, you can perfectly put a claim. And for other amounts you have to crate some documents. The limitation to claim any amount must be three years from the date of denial. So must do some home work. Please find out relevant more documents and try to create some documents to legalize the other payments. You will defiantly get back your amount if you pressurize her by legal proceedings.
You cannot claim rent for period sister in law stayed in your house
2) if you have advanced Rs 3 lakhs as loan you can seek to recover the said money from her
3) issue her legal notice to repay said money
4) if you don’t have any documentary evidence difficult to recover said amount
Yes if you wish to go you may file a money suit on the basis of reciept of the payment.
As for the rent is concerned this you may not be able to claim as there is no agreement for the rent to pay for the stay.
I think all this you want to do to teach her lession but please remember that this will start non ending issues between both of you.
You cant claim the rent as there was no rent agreement with her but you can claim loans given to her. Send a legal notice to her about the same. If she doesn't honour you need to file a civil suit for recovery.
Send her a legal notice and seek re-payment of all the dues she owes you, including the rent.
Having said that, there's not merit in the instant matter for you had no rent agreement signed with her. The same goes for the other dues for you do not have any evidences with you demonstrating her liability.
Albeit the above, send her a legal notice.
Advocate, New Delhi
When you have not entered into any rental agreement nor did you ever even talk about the rent with her, it will not be legal on your part to demand rent from her.
Especially it is almost two years after she left the place but you have designed the demand at this stage because your relationship soured with her hence she will defend that it is nothing but an afterthought to avenge her and she can deny the claim. Also since the limitation is just three years, your claim will be barred by limitation. Further in the absence of any agreement for rent, no such claim is legally maintainable.
Even for the money she is reported to have borrowed, if it is more than three years as of now, it may be barred by limitation.
If she has dragged you all to the police station, you may have to challenge her allegations on merits and documentary evidences in your side.