• Regarding property case

One of my relative has taken mony from me and told that he will give me one property but he is now not ready to give property and also mony 
i dont have any substantial proof of given mony to my relative
he is now telling i have not given mony
only iam having proof of mobile voice recording is this will be considared as proof in court if so .may i put case or notice to him by lawyer
Asked 6 years ago in Property Law
Religion: Hindu

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17 Answers

See voice recording can be considered as proof in the court though you need substantial evidence to prove your case like the account statements.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes a case can be filed for your money. The acknowledgement is sufficient in the recordings so that you can get your money back.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

But proof of recording should be reviewed by experts than only court accept the digital evidence.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can file a cheating complaint against him. You can try to recover of cash through suit in civil court

Prashant Nayak
Advocate, Mumbai
34649 Answers
249 Consultations

Dear Client 

If you have the Voice recording of your relative then you can send him a legal Notice through An Advocate for recovery of the dues from him.

After that you can initiate recovery suit against your relative. And this voice recording can be considered by court after verification by experts.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1) if you have given money by cash and you have no receipt for money advanced by you  not any agreement with borrower you would  not get any reliefs from court 

 

2) mere audio recordings may not be sufficient to prove your case 

 

3) issue him legal notice to refund money advanced by you 

Ajay Sethi
Advocate, Mumbai
99961 Answers
8158 Consultations

Mere recordings are not sufficient for obtaining decree from civil court for recovery of money 

Ajay Sethi
Advocate, Mumbai
99961 Answers
8158 Consultations

Dear Queriest

Yes the same shall be considered under the Verbal Contract.

Get the same transcripted.  Swear an Affidavit section 65B of the Indian Evidence Act.

Preserve the recording s on the original device. Preserve the original device for Forensic Investigation if Court orders so.

Annex the same and move a case of specific performance in the Civil Court in your city

 

Deepankar Kataria
Advocate, Delhi
194 Answers

Voice can be use in evidence but tough to prove . Lengthy process. Send him legal notice first.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

file a criminal complaint against him in the police station u/s 420 IPC and get FIR registered. Alongside file a suit for recovery of money under Order 37 CPC. 

Audio Recordings are admissible as document in Indian Courts, if they fulfill certain conditions as laid down by Apex Court in Ram Singh V Col. Ram Singh AIR 1986 SC 3

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

you can proceed. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

1. There is no agreement between you and him.

2. Phone recording is electronic evidence which is admissible in evidence, but do not directly file the case on the basis of phone recording. Firstly, serve a lawyer's notice to the borrower and then you may file a suit for recovery of money in the civil court.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Send a legal notice to him and take the ground that you have sufficient evidence as prove to show that money has been given by him. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

These recording can be filed with an affidavit under section 65B of the Indian evidence act to prove your case. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

On the basis of the phone call recording you may lodge a criminal complaint against the borrower with the local police, let them summon him and inquire about it, once he steps into police station he may get scared and may agree to settle the amount.

In the absence of any proof for having lent the amount you may not be able to succeed if you take any legal step for recovery other than the police complaint

 

T Kalaiselvan
Advocate, Vellore
90162 Answers
2505 Consultations

The voice recordings will help the police to extract truth from his mouth once they summon him for inquiry on the basis of your complaint

T Kalaiselvan
Advocate, Vellore
90162 Answers
2505 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have given money to him on the promise that he would give you the property.
  2. Yes, if you have the recordings or even messages wherein he has admitted that you lend some money to him then you will be getting the same back after serving a legal notice upon him and then if no positive reply within 15 days of serving the notice, file as suit for recovery of money before the court of civil law along with the prayer to give interest on the amount and the litigation fees.
  3. And if you have the proof in the recordings that he has given you the assurance to give property to you then you can also file a criminal case of cheating against him along with the civil suit.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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