A family friend of my inlaws invested in my husband company in 2014 , the amount was used for recruitment and giving security n rent for office for which that uncle had invested to start the project, but before the project started that uncle said he is not interested now n would like to have all the money with interest back. Eventually my husband was running in losses too and the company got shut in 2015. He started demanding money n started harassing my in laws too. A lawyer friend of mine suggested that post 3 years of company shutting down he has no right to ask the money.he started sending mails via lawyers n even came home harassing us to sell our home n give his money back. The mails stopped for few months n now again he has started sending letters to our house. How can we go legal about it. And how much fault it is ours because we went in losses because of him backing out
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1) claim is barred by limitation
2) suit if any ought to have been filed within period of 3 years
3) record his threats . file police complaint against uncle for criminal intimidation under section 506 of IPC
4) under no circumstances should you acknowledge liability to make payment
Hi, Thankyou for the response, He did send emails asking the money he had invested to be returned. These mails were sent within 3 years of company shutting down, so does that mean we are liable to pay him back? He is just making things up b adding it in mails he sending , like we didn't pick his call, my inlaws said they will return the money, which are all not at all true n yesterday he had sent a legal notice via a lawyer.
1) if you have not acknowledged your liability to pay back the money then claim is barred by limitation
2) contact a local lawyer and reply to legal notice
The claim seems to be time bared but before giving a confirm reply, need to go through concerned documents like agreement, partnership deed, company policy, email etc, If any
From the available contents I advise you to answer the legal notice through one prominent lawyer.
Hi,
It is suggested that you strongly reply the legal notice through a lawyer and deny all the allegations and claims made by him. You need to give suitable facts and clauses in order to deny the demand made by him.
Dear Client,
Limitation period is 3 years for recovery suit, which is time barred. Don`t agree if any payment due. otherwise fresh limitation for recovery will start. Just deny if any repayment promised via reply to legal notice. Neither any some due.
If you don't wish to repay his money you need to contest the cases filed by him. Any case filed by him needs to be contested by you by making your representation. Yes limitation is 3 years.
This matter can be discussed only when the purpose of the investment is known what is the utility of the investment how he entered in the business and at what capacity he invested the amount in the company the solution lies in these answers you need to discuss this in detail so that at least cut answer can be given as your question is incomplete and there are certain other answers available based on your query
The question is that this money was invested or borrowed by yor husband.
However upon closing the company he could have settled the issue at that time itself instead he got it stretched so long.
Even though an advocate suggested that it is barred by limitation, factually it is not barred since the investor had been frequently demanding the money by correspondences even though he did not initiate any legal steps for recovery.
Now your husband can issue a reply notice denying the allegations and ask him to follow due process of law instead of giving such threats which are illegal.
