I transferred amount of 50 Lakhs from my bank account to a friend of my Father-in-law (wife's father) to purchase that friend's property. We didn't do any agreement because I trusted my Father-in-law and based on his verbal assurance I transferred the money to his friend. Now my Father-in-law fought with me and he is not responding to me since 6 months. His friend is also not registering the property or returning my money and both stopped answering my calls. We didn't make any agreement of sale/purchase. I only have bank statements showing I transferred 50 laksh in 3 installments. What are my legal options now to get my money back?
you should start by sending legal notice to him and asking him to repay the entire amount paid by you six months back within 15 days of receipt of the legal notice.
If he fails to do so, you will have to file a suit for recovery against him on the basis of the payment made by you in court having competent jurisdiction. Your bank account statements showing such transfer would be filed with recovery petition.
1. See you can file a suit for specific performance of oral agreement or alternatively for recovery of the amount before the civil court.
1. It appears that your FIL may have plotted this to deceive your money.
2. In any event since you have proof of payment you can file both civil suit for recovery of money as well criminal case of cheating.
3. You may exert pressure on your wife to convince her father to bring back your money.
4. Do not sit idle and initiate legal action without further delay.
Issue legal notice to person to execute registered sale deed in your name as full payment had been made
2) in alternative to refund Rs 50 lakhs paid to him
3) if no reply is received file complaint of cheating, criminal breach of trust against the fraudster
4) also sue him to recover your money with interest
Hi
Here you have two options i.e., you can file criminal complaint against the said person and also civil suit.
# You can file Criminal Complaint against the said person for cheating and breach of trust.
# If the entire amount is paid then issue notice asking for registration of the property in your name.
# If the above options fail, they you can go ahead with filing of court cases criminal case and suit for recovery of money.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
you can file a cheating complaint against them. you can also file a suit for recovery of money from them
1. you will have to file a suit for specific performance of contract based on oral agreement
2. till today the friend of your FIL has not denied that he has received money from you
3. he has also not expressly denied that the money was transferred to him by you for purchase of his property
4. you must be having the call records to the FIL and his friend. That can be used in evidence subject to providing the necessary certificate under 65B of evidence act
5. issue them a legal notice with copy marked to police
6. i know that since your FIL is involved you may be a bit reluctant to take legal steps against him
7. but law is oblivious to all that. If you have suffered a legal injury then you must pursue your legal remedies at the earliest to prevent your claim being transformed into a stale claim
8. courts lean in favour of those persons who take actions swiftly when their legal rights are infringed
9. courts abhor those persons who sleep over their rights and do nothing and approach the courts belatedly
1. You have made the financial transaction to the tune of Rs.50 lakhs in a very unsecured way. You havt not even taken any post dated or undated cheque towards repayment of the said amount with or without interest.
2. You shall have to file a Money Suit against the frriend of your father in law claiming refund of the said amount vwith interest, damage and cost for not refunding the said amount taken on short loan from you for 3 months on oral contract.
3. You shall have to send him a legal notice claiming refund of the said amount before filing the said suit.
4. You can also lodge a police complaint against tha person for cheating you by refusing to return you the said amount as promised by him within 3 months.
5. You have the evidence that you have paid him the said amount and based on this evidence, you shall have to proceed.
Clear case of cheating and criminal breach of trust , file FIR.
1. Send a legal notice to your father-in-law's friend, to return your money herewith.
2. If he does not return the money, file for recovery of your money by filing recovery suit in the competent court, since you have Bank record of remittance.
issue a legal notice through an advocate and file suit recovery of money along with interest.
Dear
You should serve the legal notice through your advocate for recovery of money you have paid through bank transaction to friend of your father in law for registration of property.
Ans give him a time of one month for registration of property or refund of money paid with interest otherwise he will be liable for any litigation against him.
If he fails to comply with legal notice You should file a recovery suit against him.
You first issue a legal notice to that person saying that on an oral agreement for sale you had transferred the said amount towards sale consideration.
However despite several requests and reminders he failed to execute the registered sale deed hence to do it immediately within seven days from the date of receipt of this notice.
After that you can file a suit for specific performance of contract seeking relief and remedy.
My wife was also involved in this and she insisted to transfer the money. Now she is supporting her Father and saying that I deserve to lose that money sine I fought with her Father. She is not willing to cooperate. Since she was also involved in this conspiracy and betrayed me, I am not willing to continue this marriage. Do I have a valid case for divorce?
You can file for divorce on grounds of cruelty which is a valid ground for divorce under section 13 of Hindu Marriage Act.
you can file divorce on grounds of creulty.
1. Divorce suit can be filed on grounds accepted by law like cruelty and you do not have any ground yet for seeking decree of divorce.
2. If you have irrefutable evidence that byour wife is a co-conspirator for duping your Rs.50 lakhs through her father and his friend, then only you can file the divorce suit on the ground of cruelty since such act of cheating by your wife will be considered as an act of cruelty bon her part.
you are at liberty to file for divorce on grounds of mental cruelty
2) you have to prove allegations made in divorce petition
You can file divorce case on the grounds of cruelty by giving the this also one among the reasons for the acts of cruelty.
You can discuss at length with your advocate on this and proceed.
You can seek divorce on ground of cruelty
See you can make grounds of.cruelty against your wife for cheating you.for money abusing threatening.and can file for.divorce.
And also for recovery of.the amount.
You need to lodge complaint for cheating, misrepresentation and for criminal breach of trust against all the three.
In order to go for Divorce, you need to prove to court about the acts of your wife and her family members.
If you file for divorce, be prepared to face casse which are likely to be filed by her viz., 498-A, maintenance U/s.125, Sec.25, DVC etc.
If you come to know about 498-A, immediately obtain bail.