Ravi Aragwal 10 July 2015

Lent money to a relative

Hello everyone,

I am an NRI living in Qatar. A relative had tricked my dad into lending him a huge amount of money under the pretext of investing it in some business he was going to start. But he used most of the money for his personal purposes instead. My dad and him had signed a promissory note (A plain white sheet of paper in which they have both signed that he borrowed X amount from my dad and he shall pay it back by a partiuclar date) That due date is long over and he's not paying it back. Since it's a relative my dad is not very keen in taking him to the court. However he wouldn't mind if i do. Both my dad and the relative in question are NRIs living in Qatar, this trasaction also happened in Qatar.

i) What are my options to pursue this legally in India?

ii)Can i be the plaintiff on behalf of my dad?

Thanks a lot in advance for your valuable inputs

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4 Replies

rajagopal.s (Lawyer.) 10 July 2015

If your father gives you a registered power of attorney, you can pursue the case on behalf of your father in india.

also check whether your father had paid him through cheque.

does the borrower has properties in india ?

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Ravi Aragwal 10 July 2015

Thanks Mr.Rajagopal for the reply. My father paid him all in cash. The borrower has family and properties in India. So what should be my immediate next step? Also, how much time would it take on an average to settle this issue via the court?

SAINATH DEVALLA (LEGAL CONSULTANT) 14 July 2015

U said investing in business,was it a joint business or in the business already run by him? Without valid documents it is difficult to sue him in the court of law.