• Money owed to deceased brother

My brother put some money in the hands of a friend and his father in New Jersey, USA. The father brought the money to Hyderabad, India. He changed it into Rupees and kept it in a bank in Hyderabad. My brother has passed away in New York. He left a note addressed to me on his death bed. He asked me to collect the money and send to my sister in India or give to charity. My sister has asked me to keep the money. The debtor gave it to a charity. Is he right in his action?
Asked 2 years ago in Property Law from Canada
1) was money given by cash or cheque? 

2)is the father willing to hand over money to you? 

3)your brother in his death bed has asked you to give money to charity or your sister

4)the debtor cannot give money in charity without your consent 

5) you can issue him legal notice to return the money
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Hi, who is he to give your brother money to charity 

2. If the money is paid by cheque/DD then you have proof of payment you may able to recover the same or otherwise it is difficult to get recover the amount.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Since your brother has dies pray to Gd the money is not swindled.
2. The action taken by your brother and his friend's father is otherwise legal.
3. Ask him to return the money to you asap so the charity works can begin soon.
4. If the father of friend does not return the money it would be great difficulty to recover the same.
5. However if there is proof of payment you can then file both civil and criminal case against that man to get back your brother's money.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1. How was the money given? 

2. If the amount was given in cash then was it preceded or followed by an acknowledgment from the father of his friend?

3. You can recover the money by filing a lawsuit for recovery only if there is some documentary proof in the nature of an acknowledgment, etc of the amount being given. 

4. In the absence of documentary proof your case will crumble like a pack of cards in the court.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) you can search in kanoon data base for lawyer in Hyderabad .

2)  you will have to issue legal notice . then file summary suit . 

3) you will have to pay court fees as per court fees act prevalent in your state . 

4) legal fees vary depending upon lawyer you engage 

5) no case of defamation is made out . defamation suit has to be filed in courts
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. The legal fees of lawyers differs from person to person, state to state.
2. Legal fees in INDIA is not much compared to USA.
3. You can check lawyers from this site or through internet.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1. Your brother had put some money in the hands of a friend and his father in New Jersey, USA,

2. What innstruction/advice  he had given to them about the said money?

3. Certainly they were told to do some thing with the said money. You are silent in this regard,

4. If your brother had told them to give it to charity, then they have done the correct thing,

5. Please keep in mind that they have not taken away the said money which they could have easily done,

6. It is also a pertinent question as to why your brother had not transferred the money to you, your sister or for charity directly,

7. However, if they have not follwed the instruction/request of your rother then they have not acted correctly.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. You can search the lawyer of hyderabad from this portal or google search it,

2. From what you have stated, no case of defamation lies here,

3. You shall have to collect hard evidence to prove your point before the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. To file the lawsuit you require a Hyderabad based lawyer. 

2. The lawyer's fee will depend on the lawyer you will engage. It may be as high as 50% of the amount you intend to recover. 

3. The court fee will also have to be paid.

4. No case for defamation lies as neither you nor your brother has been defamed.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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