• Money lent to cousin and her wife and brother and now refused to return

The money was transferred in 2012 , 2018, 2019 and 2022 all via transfer from overseas bank or local india bank to their bank accounts and have proof for all of them. Now upon asking that are refusing to pay and saying losses in business because of Covid. What are my options please?
Asked 1 year ago in Civil Law

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20 Answers

Legal notice will send - contact.

But some on the monies are may not be recovered due to barred by limitation. Communications by cousin while borrowing money is important to cover limitation issue.

Yogendra Singh Rajawat
Advocate, Jaipur
22787 Answers
31 Consultations

4.4 on 5.0

Your claim for money advanced in 2012 ,18,19 is barred by limitation

 

2) you can only file suit to recover money advanced in 2022

 

3) suit has to be filed within period of 3 years 

Ajay Sethi
Advocate, Mumbai
95520 Answers
7656 Consultations

5.0 on 5.0

 

You can engage lawyer to send legal notice 

Ajay Sethi
Advocate, Mumbai
95520 Answers
7656 Consultations

5.0 on 5.0

- Since, you have sent the amounts via online mode , then you can recover the loan amount from them legally. 

- However, as per limitation Act, the recovery can be done for the period of 3 years only .

- Hence, you can recover the amount of 2019 to 2022 paid amounts only . 

- You can send a legal demand notice for getting the same. 

Mohammed Shahzad
Advocate, Delhi
13742 Answers
207 Consultations

5.0 on 5.0

The money lent three years back from this date would be barred by limitation, hence you cannot claim the return of the said amounts even though you may have evidence for lending the said sums of money.

However you can send a legal notice mentioning the amounts borrowed by all the three by issuing separate legal notices through a lawyer, if they acknowledge the loan, then the fresh limitation will begin from the date of acknowledgment of the loan amount, after which you can file a   money recovery suit agaisnt the borrowers to recover your money

T Kalaiselvan
Advocate, Vellore
85721 Answers
2266 Consultations

5.0 on 5.0

You can very well issue a legal notice either by yourself (if you are aware of the legal formalities to issue the same) or engage the services of an advocate in the local  to issue the notice. 

T Kalaiselvan
Advocate, Vellore
85721 Answers
2266 Consultations

5.0 on 5.0

File a money suit against them before the civil judge having jurisdiction 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1560 Answers
5 Consultations

4.4 on 5.0

1. Convince them to issue a Cheque for the amount due to you and present the Cheque for realisation in the Bank.  When the Cheque bounces, send a legal notice to return your amount and proceed against them U/s. 138.

2.  If you send a legal notice now itself, they will not give Cheque for the amount due to you and you would be missing the opportunity to bounce their Cheque and further proceedings U/s. 138.

Shashidhar S. Sastry
Advocate, Bangalore
5220 Answers
323 Consultations

5.0 on 5.0

There must be acknowledgment of liability to save limitation 

 

mere what’s app chats would not suffice 

Ajay Sethi
Advocate, Mumbai
95520 Answers
7656 Consultations

5.0 on 5.0

  1. Yes 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1560 Answers
5 Consultations

4.4 on 5.0

Yes, to a certain extent the responses of not having funds to repay extends the limitation. Whatever it is,  you can pray the Court for condoning the delay, due to COVID effect during part of that time.

Shashidhar S. Sastry
Advocate, Bangalore
5220 Answers
323 Consultations

5.0 on 5.0

This is not an admissible evidence.

You have to issue a legal notice to them to return your money..

If they acknowledge the loan then you can proceed otherwise the amount received by them till 2019are barred by limitation.

You can be able to recover the loan advanced in the year 2022 alone. 

T Kalaiselvan
Advocate, Vellore
85721 Answers
2266 Consultations

5.0 on 5.0

Here are some steps you can take:

1. Send a written demand for payment.

2. File a case in the small claims court.

3. Hire a lawyer to file a case in the appropriate court.

4. File a police complaint if you think you have been cheated.

5. Get an order from the court to attach the person’s property.

6. Enforce the order by hiring a recovery agent to seize the person’s property.

Mohsin I Shaikh
Advocate, Pune
4 Answers

Not rated

1. The only legal option left before you to recover the said amount is to file a Recovery Suit against your Cousin & his wife.

 

2. You shall be required to submit all the evidence you have inb support of your allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
27263 Answers
726 Consultations

5.0 on 5.0

1. Before filing any legal case the plaintiff is required to send a legal notice to the Opposite Parties claiming redressal.

 

2. It is called Demand for Justice.

Krishna Kishore Ganguly
Advocate, Kolkata
27263 Answers
726 Consultations

5.0 on 5.0

1. Preserve all those messages which can be used as digital evidence by you.

 

2. Make sure that the phone where the messages have been received is not tampered with.

 

3. The court will ask you to submit the phone as evidence where those messages have been received.

Krishna Kishore Ganguly
Advocate, Kolkata
27263 Answers
726 Consultations

5.0 on 5.0

Yes you need to send them notice and immediately file suit for recovery. Limitation’is 3 years. You can also file cheating complaint 

Prashant Nayak
Advocate, Mumbai
32243 Answers
188 Consultations

4.1 on 5.0

- Since, he has only promises for the refund the amount and not paid even single penny , then the limitation will not cover the whatsApp dates. 

Mohammed Shahzad
Advocate, Delhi
13742 Answers
207 Consultations

5.0 on 5.0

Yes. sufficient to evoke fresh limitation period.

Yogendra Singh Rajawat
Advocate, Jaipur
22787 Answers
31 Consultations

4.4 on 5.0

Dear client,  Yes, the WhatsApp chat conversations can be used as evidence of acknowledgement of debt and may help to extend the limitation period for recovery of the debt. However, it is important to note that the limitation period for recovery of debt in India is three years from the date on which the debt became due and payable. Therefore, if the last payment was made in 2019, the limitation period may have already expired for recovery of the debt transferred in 2012, 2018, and 2019. However, the limitation period for the debt transferred in 2022 would start from the date on which it became due and payable, and the legal notice can be sent for recovery of this amount. It is advisable to consult a lawyer who can guide you on the legal options available for recovery of the debt.

Anik Miu
Advocate, Bangalore
9422 Answers
112 Consultations

4.9 on 5.0

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