• Money lent to buy land, now cousin is not returning money or land

I had lent money to my cousin to buy and piece of land, but the registry was done in his name since I was not present in India and I live in US. He had promised to return my money once his farming land is sold. It’s been 6 years now and he has not returned my money. Moreover, he has rented the land, even though he has not put even a single penny towards the purchase of the land, to a bank from which he has obtained a loan, without my permission or knowledge, to construct a building which bank will be renting for its business, and he has done 10 yrs. contract with the back. as a result, I even can’t ask him to give me the land if he can’t return the money since the land papers are with the bank now. I am wondering what my legal options are to get my money back or at least get the land back if he does not return my money. I have proof of money transfer to his account, and I am 100% sure he won’t be able to prove that he had funds to buy the land without my help as he has no such income. Thanks in advance!
Asked 1 month ago in Property Law
Religion: Hindu

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6 Answers

Dear client.

As the land is in India, Indian law would apply in this situation. To recover the loan, you could file a civil lawsuit in a court of competent jurisdiction in India. It would be advisable to consult with a local lawyer in India to understand the specific steps and procedures involved in such a lawsuit. To establish a case for recovery of the loan, you would need to provide evidence of the loan agreement and the transfer of funds to your cousin's account. Additionally, it would be important to consider whether the bank that has rented the land has any liabilities in this matter and whether they have taken any actions that may have prejudiced your interests.

Anik Miu
Advocate, Bangalore
6092 Answers
66 Consultations

4.9 on 5.0

Your claim is barred by limitation 


suit for recovery of money should have been filed within period of 3 years 

Ajay Sethi
Advocate, Mumbai
90353 Answers
6615 Consultations

5.0 on 5.0

You can file a suit for declaration of title and possession of land purchased out of your funds by producing the evidences for having funded for the purchase of the said property.

Since it is barred by limitation you cannot file a money recovery suit for the money having lent to him, hence you may better file a suit for declaration of title and interests in the property on the basis of supporting documents held in your possession.


T Kalaiselvan
Advocate, Vellore
80523 Answers
1730 Consultations

5.0 on 5.0

- Since, that land is in his name then he become the owner of that property , and you cannot get the same or stop him from mortgaging that land.

 - However, as you have proof of payment to him , then you can recover the amount from him legally 

- Send a demand legal notice to him for asking to refund the amount within one week

- If not refund , then file a recovery suit before the court . 

- Further , if you have given that amount to him before 3 years , then the suit cannot be filed on the ground of limitation. 

- Further, you can also file a declaration suit before the court for declaring the owner of the property after producing the proofs of payment to purchase of that land. 

Mohammed Shahzad
Advocate, Delhi
10840 Answers
136 Consultations

5.0 on 5.0

Dear Sir,

if u file civil case it may take few years to get disposed off.  Better to get cheque from him or approach the police and get post dated cheque and thus u can file cheque bounce case on its bounce through your Power of Attorney if ur not staying in India.

Kishan Dutt Kalaskar
Advocate, Bangalore
6103 Answers
419 Consultations

4.8 on 5.0

You need to file a suit and then seek recover of the same 

Prashant Nayak
Advocate, Mumbai
28990 Answers
110 Consultations

4.1 on 5.0

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