Relative refusing to return money I gave when in need
I had given huge amount of money to one of my relatives in March 2011 through cheque without any documentation. I didn't take any guarantee or anything at that moment. She had promised to pay me back in 1 year time. After 1 year, she said that she will take another 6 months, which again got extended and now after 4 years, she is completely denied taking money from me and has flatly refused to repay me.
What are the legal steps I can take to recover the money. I have bank statement and the copy of the cheques that I gave her.
1. Is there any time limit (from that incident) by which the complaint needs to be filed that any legal action can be taken
2. Can I file civil or criminal case against her
3. Do I need to have any documentation where she agrees to pay me
4. Do I first need to file a police complaint
Please advise what legal course I can take
Asked in Civil Law from Pune, Maharashtra
1)your claim is barred by limitation
2) suit for recovery of money advanced should have been filed within period of 3 years
3)in addition you dont have any documentary evidence that it was given as friendly loan
4) your relative must have consulted a lawyer and basis of legal advice refused to return the money advanced by you
5) you can file complaint of cheating under section 420 of IPC but chances of success are bleak
1. The time limit for recovery of money is three years from the cause of action. Issue the legal notice to her with the help of lawyer and claim your money from her if she is not ready to make payment within notice period then you may file a civil suit before civil court and claim your money with interest and legal expenses.
2.yes you may file.
3. If possible then will be better.
4.police complaint can be filed
Advocate, New Delhi
you can file a case for criminal breach of trust and fraud against her.....u have to keep all ur bank and cheque details for further proceedings.....u can also send her legal notice before filing any case against her and ask her to return the amount u paid to her......
1. The time limit is 3 years which you have exhausted. However, as the money is given by cheque the remittance can be proved in the court.
2. You can issue her a lawyer's notice seeking return of the amount you gave to him. If the lawyer's notice does not produce the desired result you can go to court and file a case for recovery of the amount.
3. No criminal case can be filed against her.
4. Police has no role to play in your case.
Basically the claim is barred by limitation.
You have stated that there is no evidence for loan
You have also stated that she has not committed anything in writing acknowledging the amount received from you
The above indicates that you cannot initiate any legal proceedings to recover money from her through court or law.
The only chance of getting money from her would be to lodge a police complaint against her for cheating and breach of trust. If she agrees and admits to have taken the said amount from you and gives in writing to the police station that she will settle the same within specified time span, you may take that copy and then proceed through court for recovery based on her committal which automatically renews the limitation.
A tactful action would help to recover and save your money
Hi, your suit is barred by limitation as you have to file a suit with in 3 years from the date of payment.
2. Though you have paid the amount by way of cheque but you have good opportunity to recover the amount if you file the case within 3 years.
1. File a Recovery Suit claiming refund of the amount lent by you with bank interest,
2. You have no document to prove other than your Bank statements of having paid the money to her. She has to show reason as to why did she take this money and when did she refund it. More the documents, the stronger your chance to win the case,
3. Lodge a police complaint for her cheating you and not paying the money even after promising,
4. Engage a lawyer having experience in this field.