• I have lent money to my brother past 3 years

My father had 2 son elder me working in dubai,younger lives in india ..my father decased in 2011. after from 2012 to 2014.. I lended money to my younger brother past 2 years for Agriculture and to his business .
He promissed be that he will retun after cultivation .. every time he said loss in business. which now after partion of property done with me and my brother now he denies to settle out the money borrowed. 
I have transfered money to his bank account around 20 lakh rupees. i have the bank statement.. i have registered a police complait and received CSR copy. I approched an lawyer to recover the money.. lawyer have sent an legal notice to my brother ..

Will i get my money back ???
Asked 1 year ago in Criminal Law from United Arab Emirates
Religion: Hindu
Hello,
1) You have taken the right step in sending the legal notice to your brother demanding the money.

2) You need to follow up if he does not comply by filing a suit for recover of the money lent to him. Attach all the proofs of the bank transaction as proof.

3) As he has landed property you can press for attachment of the property against the debt he owes you.

4) Do not be concerned ; you will get your money back. Wait for his response to thee legal notice. Once you file for the recovery it is more than likely he will come up for a settlement.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Unless the promise made by your brother to return the money was reduced to writing you cannot recover the same from him. When a money is lent by an individual to another the former can maintain a civil action for recovery only if he is able to prove that the latter was bound to repay it. Law permits recovery of only that sum of money which, by a contract between the lender and borrower, was to be repaid to the former by the latter or any person on behalf of the latter.

2. If you can prove that he was bound to repay the lent amount, either in entirety or a part thereof, feel free to file a lawsuit for recovery of money.
Ashish Davessar
Advocate, Jaipur
18093 Answers
448 Consultations
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Hello,
1) It does not really matter what his arguments are. His having spent for the maintenance of the family was part of his own responsibility and does not absolve him from the debt that he owes you.

2) Rightly understood, if he thinks you too were responsible to contribute towards the maintenance of the family, you are entitled to a share of the profits arising from agriculture.  

3) If you file a summary suit for recovery it can take approximately an year and a half.If you file a regular suit it can take longer. In a regular suit you will demand interest for the money lent.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Your lawyer has sent only a legal notice and not filed a money recovery suit, right?
You can file a money recovery suit to recover the money with interest since you have substantial proofs for having lent the money to him. Let him put up any defence, you should not be worried about it now itself, it can be taken care during trial of the case. You have to rush to file the case soon because the same should not be barred by limitation. The time limit is just three years from the date of loan. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
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