• Dowry money

My grand mother (mother's mother)gave 9000 rupees as dowry to my father's yielder brother At time of my parent' s marriage At 1973.At that time an agreement was signed in Rs 2 stamp paper.my father passed away and my mother asked this amount several time.but my father's brother didnt gave. Can we file case to get back this money with interest from 1973?
Asked 1 year ago in Family Law from Alappuzha, Kerala
Religion: Hindu
1) it is necessary to peruse agreement executed on stamp paper 

2) claim for recovery of money after 40 years would be barred by limitation 

Ajay Sethi
Advocate, Mumbai
27284 Answers
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The money was given in the year 1973 and an agreement was signed on a Rs. 2 stamp paper.   Well what was the agreement or the terms of the agreement about the money that was transferred, was it on a loan agreement or it was given away as a dowry only without any condition for returning it by the receiver?,
Whatsoever, the case is very badly barred by limitation hence nothing can be claimed a this stage.  It could have been claimed within the year 1976.
T Kalaiselvan
Advocate, Vellore
17417 Answers
165 Consultations
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Hi, you can't claim the amount because the law of limitation is applicable here and you have to demand the amount with in 3 years from the date of receipt of the amount.

2. Now you can't claim the amount.
Pradeep Bharathipura
Advocate, Bangalore
4199 Answers
149 Consultations
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A suit for recovery of money cannot be filed after 3 years have expired. Furthermore, amount given in accordance with tradition is not covered within the definition of dowry, so forget it.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
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1) record threats on your mobile 

2) your mother can file police complaint under section 506 of IPC for criminal intimidation 

3) if your family is absolute owner of the house and land injunction can be obtained restraining them from disturbing your possssion of the house 
Ajay Sethi
Advocate, Mumbai
27284 Answers
1483 Consultations
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Your mother can file a criminal complaint for criminal intimidation against them which could result in their arrest. This apart, she can seek injunction to restrain them from gaining an entry inside your house.
Ashish Davessar
Advocate, Jaipur
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507 Consultations
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Hi, first you have to lodge a police complaint and if they continue to do their illegal acts then only you can file a suit for injunction.
Pradeep Bharathipura
Advocate, Bangalore
4199 Answers
149 Consultations
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You can file suit for injunction but there is no merit in claiming such amount after so many years. I also wonder what is prompting you to claim such paltry amount after so many years. You will loose more money in getting the amount of Rs.9000/- in legal proceedings.
Devajyoti Barman
Advocate, Kolkata
6897 Answers
78 Consultations
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You can very well lodge a criminal complaint with the local police if they are continuously indulging in such illegal acts and pose threat to your mother's safety and life. 
Besides you can file an injunction suit also against them restraining them from interfering with her peaceful possession and enjoyment of the property. 
T Kalaiselvan
Advocate, Vellore
17417 Answers
165 Consultations
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1. Yes, your mother can certainly claim back the amount collected by your father's brother as dowry,

2. Ask her to send a legal notice to him to return the said amount with interest within 30 days,

3. If he fails to return the said amount within the stipulated period, your mother should file a Recovery Suit against your Uncle to recover the said amount from him with interest.
Krishna Kishore Ganguly
Advocate, Kolkata
13577 Answers
291 Consultations
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1. Lodge a complaint before your local police station against them,

2. File the Recovery Suit as suggested in my earlier post,

3. Simultaneously file an application under Order 39 Rule 1 & 2 praying for an order restraining them in entering your premises.
Krishna Kishore Ganguly
Advocate, Kolkata
13577 Answers
291 Consultations
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