What was the mode of payment to your brother?
Recovery of money given on trust to family member
Dear Sir, My brother took Rs 22 lakh starting since [deleted] till [deleted] to purchase and build a property for re-selling purpose to obtain profit on that and pay back my money. But completion of construction he shifted to that new home declined to return my money, on this to calm me my father wrote his own property WILL into my name. But after 2.5 years the situation is that my brother also not paying back my money and my father also threatening to cancel that WILL as well. My money of Rs 22 lakh stuck and my wife also bearing mental torture by my parents and other family members. 1 .Please advise what would be my civil court fees (percentage of claimed amount)? 2. If i claim interest also on Rs 22 lakh for 2 years and 10 months, would court fee increase ? Location is of Ghaziabad, but confused about the legal hurdles and expenses. Please advise. Jitendra Kumar
Asked 4 years ago in Civil Law
15 Answers
Through account transfer / RTGS / Neft
Asked 4 years ago
Instead file FIR against brother, fast recovery. Limitation to file recovery suit is 3 years, so without delay file FIR, if no result in a months or 2. File recovery suit.
You are entitle to recovery with 9% interest. Court fees will be around 1 t0 2 lacs. Suit will file where brother is living or money given.
Then, the money can be recovered through the indulgence of the court.
1. Court fee would be around 8% in UP. The exact amount can be confirmed from the registry of the concerned court.
2. In order to claim interest, person must have a money lender licence. Interest would not be awarded in recovery suit.
Dear Client,
If you have proper evidence then you should file a Suit for Recovery. Court fee is different for different states. Limitation period for filing case is three years. Court fee may be around or Above 2 Lac.
Hello,
- The court fee is 2%of the amount being claimed in recovery. If you are adding interest on the amount, proportionate increase in the court fee must be calculated. You can come a summary suit for getting speedier remedy.
- If you have documentary proof of money being transferred and if there is any written agreement between you it would be easier to file a summary suit. Alternately you must issue a legal notice to your brother demanding repayment and follow it up with the suit.
- This may have impact on the Will made by your father as he may cancel it.
- In any case if you have decided to take legal steps, you must do it without delay by engaging a lawyer.
You need to serve your brother a legal notice for payment of Rs, 22 lakhs. If he fails to pay, then you need to file an Original Suit in jurisdictional Civil Court for recovery of money with interest and costs.
court fees varies from state to state
2) court fees would increase if interest is claimed for 2 years
3) sue your brother to recover your dues wi6 interest
4) also file case of cheating on your brother
File suit within 3 years or your claim would be barred by limitation
You need to file civil suit against brother. It comes to about 7.5 percent court fee.
Yes, you have all the rights to receive back your money but first see before going to court whether source of the money paid is taxable or already tax has been paid on that because this may become a issue when you will go to the court, this is the only hurdle in this case otherwise you should add the interest also and definitely when amount will increase court fees will increase.
Issue notice for recovery of money to repay the money advanced to your brother.
If he fails to refund, you file case for recovery of money.
Local advocate will be able to give you details of court fee to be paid.
NOTE:
In order to expediate the proceedings you better opt for Attachment Before Judgement case (ABJ) which means if you convince the court about your case, the court will ask your counter part to deposit money in to the court / give some guarantee to the tune of your claim. This is better option to you and result oriented unlike money recovery suit.
Other details you can get from your local advocate.
Good Luck.
If you have proof of lending the money to your brother then you should issue him a legal notice for recovery of money given to him as soon as possible.
Because there is limitation period of 3 years for filing the recovery suit for money.
Main legal hurdle will be limitation period if you fail to file the suit with in next two months.
The court fee is a state subject hence the court fee applicable to your state can be enquired locally.
You can file a money recovery suit and also for the interest on the amount lent.
The court fee for interest amount also to be paid.
The evidence for having lent the amount should be proved before court with substantial evidence
1. Send a legal notice to your brother and seek to recover your dues.
2. If the legal notice fails to help, file a recovery suit against him.
