• I have lent money to lady through NEFT transfer and I don't have cheque. Can I get money back?

I have given money of 20 lakhs to a lady (married with 2 children) for her business purposes. She has taken my money and gave it to her for father and her father purchased property on his name and used for his business purposes. Now the lady says I can't return money. It is obvious that it's a planned fraud.
Is NEFT transfer sufficient to send her leagal notice in the absence of cheque.
 Can we attach her husband's assets if she doesn't have any asset on her name ? As she is married, can we attach her father's properties ? If she applies for an IP, how should I proceed to recover my money.
Asked 4 years ago in Criminal Law
Religion: Hindu

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19 Answers

NEFT transfer is sufficient to send legal notice

2) you cannot attach her husband assets

3) you cannot attach her father properties

4) file police complaint of cheating and criminal breach of trust against the lady under section 406, 420 of IPC

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1) deposit cheque

2) file complaint under section 138 Ni on account of dishonour of cheque

3) also file summary suit under order XXXVII of CPC to recover your money with interest

4) you cannot recover money from her father / husband

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hello,

Yes you can send her a notice based on the NEFT transfer made by you. But it is not possible to get the property of any relatives attached in execution petition.

However you can make his father a party to the recovery suit and say that the land has been purchased from your money and in that case property of her father can be attached.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes you can use the blank cheque as well.

Present it in the bank and as and when the same gets dishonored send a legal notice under section 138 to the issuer of the said cheque.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. If there is documentary evidence of transfer of money then there is good chance that you get your money back.

2 So first send her a legal notice seeking refund of your money within a time as mentioned therein.

2. Now if she does not return your money then you should first lodge a complaint with Police for cheating and once FIR is registered you should get your money back fast.

3. Simultaneously file a civil suit for recovery of money as well.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Querist

based on your bank transaction, you may issue a legal notice to her and claim your money back, if within notice period she is not ready to make the payment then you may file a civil suit for recovery against her before the Civil Court.

if there is no assets on her name, is there a way to recover my money?

Opinion:- In civil Suit for recovery, if there are no assets in her name then the recovery of money is very difficult but you may seized her bank accounts also and recover money if she has in her bank accounts.

or maximum we can send her only to jail ? If we have blank cheque

Opinion:- If you have her blank cheque signed by her then fill the same and present before the bank for encashment and if the cheque got bounce then issue a legal notice within 30 days from the receipt of the memo of the bank and if she is not ready to make the payment within 15 days from the receipt the notice then file a criminal complaint against her before the criminal court in which she may be punished and may be imprisoned till 2 years

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

The transaction done through NEFT is a valid transaction on the basis of which you can send a legal notice to the lady who took the money from you. however you cannot attach the properties which are not on her name( cannot attach the husband or the father property). For a speedy recovery of the money file a complaint and get an FIR registered against the lady for the fraud and criminal breach of trust committed with you. f

Shaveta Sanghi
Advocate, Chandigarh
914 Answers
111 Consultations

5.0 on 5.0

if you have a blank cheque with you, it is advisable to deposit the cheque. after the cheque is dishonored then file a complaint case against the lady under Section 138 of the NI Act. In the NI Act Case, there are chances that you may be able to recover the money if you are able to clearly establish that the money utilised by you was lent by her to her father and that the purpose was to cheat you of your money.

keep in mind, there is no other way to recovery you money from her father or the husband. simultaneously there is another root whereby you can file a civil suit for recovery of the money with interest but that is a long drawn process and the court will not be able to get you the money if there are no assets on her name.

Shaveta Sanghi
Advocate, Chandigarh
914 Answers
111 Consultations

5.0 on 5.0

The Transfer of money by a bank transaction can be a valid evidence to prove the money given to her, but you should clearly state that if it was lent to her on interest as loan or what was the reason for giving her the said huge money.

Her husband's property or her father's property cannot be sought to be attached because they are in no way liable for this money transaction.

If she is filing an insolvent petition, you may have to challenge the same on its merits.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You can initiate action only against her because it is she who has borrowed the money and not her relatives.

How can you use the cheque she had given to another person?

If you dont hav a cheque in your favor , you have lost that opportunity also.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. It would be absolutely difficult for you to prove that you have Loaned /Gifted the money to the lady /her father /her husband, in any manner for whatever purposes (including buying land).

2. The above would prove to be illegal and money laundering, "IF" the Loaned money does not reflect in your Income Tax returns (means that loaned money was unofficial /black money).

3. No doubt, the Lady cheated /fraud-ed you AND for this you can file a criminal complaint in the local magistrates court. BUT this would prove to be highly tension filled litigation. BUT this Criminal complaint would be used to create a leverage to demand back your money.

4. IF the Land is brought by the Lady /Husband /Father, with money that they do not own, THEN strategic complaint /information can be made to the Income Tax Dept., for the money laundering & benami property being conducted by the Lady /Husband /Father. WORTH a TRY.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Client,

NEFT is sufficient proof of given money, Send her noitce.

No recovery from her husband but from her father property that also on proving, she given money to father for purchase of property/whatever reason.

Such big amount rarely be given in cash, either cheque or NEFT.

Well, that can be cross examine if recovery suit filed, about the use of amount.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes, the receipt of this transfer is sufficient to send her this legal notice.

Through the above notice, seek recovery of your dues from this lady.

Send her a legal notice first, it might just work

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Sir,

Every thing is possible. Transfer through NEFT is sufficient proof and court will accept it. We can get attachment before judgment interim relief as he who purchased with your money. The law is as follows:

========================================================================================

Order 38 Rule 5 of CPC. Where defendant may be called upon to furnish security for production of property.- (1) Where, at any stage of a suit, the court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him,—

(a) is about to dispose of the whole or any part of his property, or

(b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the court, the court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the court, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy the decree, or to appear and show cause why he should not furnish security.

(2) The plaintiff shall, unless the court otherwise directs, specify the property required to be attached and the estimated value thereof.

(3) The court may also in the order direct the conditional attachment of the whole or any portion of the property so specified.

(4) If an order of attachment is made without complying with the provisions of sub-rule (1) of this rule, such attachment shall be void.

====================================================================================

order 12 rule 6.of CPC ----- Judgment on admissions.- (1) Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the court may at any stage of the suit, either on the application of an party or of its own motion and without waiting for the determination of any other question between the parties, make such Order or give such judgment as It may think fit, having regard to such admissions.

(2) Whenever a judgment is pronounced under sub-rule (1) a decree shall be drawn up in accordance with the judgment and the decree shall bear the date on which the judgment was pronounced.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear,

1-Yes, you can send her legal notice but you can't recover money from her husband's or

father's property.

2- You can use that cheque, present that cheque in bank and after dishonor of that cheque,

send her legal notice and after that filed a case u/s. 138 in court.

not possible to recover money from father's property.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Yes you can but you need to file a criminal complaint in the criminal court under section 420, 406 and 120B against her and her father.

As the amount transferred through banking channel you may produce the transfer proof along with other documents along with the complaint.

The court will take cognizance after your statement in person in the court under section 200.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hi

1) NEFT transfer is valid to prove that money was transferred by you to the lady.

2) You should send a legal notice by registered post with acknowledgment due demanding repayment of monies and then file a summary suit under Order xxxvii of CPC . Please note that summary suits are fast tracked and courts (in your case district judge has the pecuniary jurisdiction) will generally pass orders with in 10 days from the date of filing of complaint( subject to there being no response to your legal notice and also if there is no response to court summons issued to other party).

3) After orders in summary suit, you can file an execution petition attaching the properties that you believe were purchased with your monies( but solid proof is required to demonstrate that the properties were purchased solely with your funds).

4) Since you are also in possession of a cheque, you can deposit the same in your bank and in the event of cheque being returned for insufficient funds, you can file a suit under 138 Negotiable Instruments Act.

5) Please note that summary suit is for recovery of money whereas 138 Negotiable instruments act is for pursuing criminal recourse and sending accused to jail and force accused to pay penalties.

6) Given the circumstances stated by you, the lady cannot file Insolvency Petition to avoid repayment of your debts whilst her father and her husband have properties in their name.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

1) You have to complaints against her under section fraud and misrepresentation.

2) Show your NEFT transaction and against what yiu have given the huge amount to her, that the burden of proof lays on her for further explanations.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You can file Complaint under Payment and settlement Act for the online transactions. You can also file cheating Complaint against her for the same.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

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