Recovery of money

Querist : Anonymous (Querist) 18 March 2011 This query is : Resolved
i have given a check of Rs 25 lakhs in the year 2007 March to my close friend for a contruction of flats he has promised to give a flat. I don't have any aggreement i have given the money only on trust. now he his not even talking about the money i have given. so how should i recover my money...

Follow Query

Report Abuse

anantharaman (Expert) 18 March 2011
you have to clarify the issue that in what mode you have given the amount. if you gave the same direcly in the mode of cash and then in the absence of any proff of your payment we can not file any suit for recovery of mode. if you gave the same in the form of account transfer or in other mode having proof that you gave amount then we can recover the same.

Guest (Expert) 18 March 2011
i agree with the expert.

Arvind Singh Chauhan (Expert) 18 March 2011
It is very tough task but you can file criminal case for breach of trust on the basis of oral evidence. Civil suit may also be filed but it is very troublesome task. You may also try to record his call on this issue.

I have experience of such a oral dealing of 20000/-. I advised my client to send a emotional letter and to ask 30000/- that he gave such fellow as a loan. By chance the person replied that amount was not 30000/ but was 20000/. Such way we got the proof.

So try to collect proofs.

Jitendar Kumar gupta (Expert) 18 March 2011
you have not mentioned how you paid the amount and from where you draw that amount. If you give the amount by cheque or transfer the amount in any other way then we can find the solution for the problem. you can recover the amount and can taught a lesson to him if you have some home work for the proofs. If you wants more information/ advice please call at 9868529732

Devajyoti Barman (Expert) 18 March 2011
A verbal agreement is very much a valid form of agreement. If you could prove that then you can either go for specific performance of contract or for suit for recovery of money. Initiating criminal proceeding is another option. The payment through cheque only strengthen your case further.

Querist : Anonymous (Querist) 19 March 2011
i have paid 25 lakhs through account payee check in the year 2007. And i have metioned in my IT return in my balance sheet.

A. is there any Limitation for the recovery of money as in this case it is from year 2007.

adv. rajeev ( rajoo ) (Expert) 19 March 2011
3 years. If you have any acknowledgement from your frnd for having receipt of the cheque then from that date within 3 years you will have to file a suit for recovery fo money

G. ARAVINTHAN (Expert) 19 March 2011
have you filled date or not?
Even you file a suit taking limitation form 1.4.2008 as the IT returns and the limitation ends on 31.03.2011. initiate suit proceedings fast

DEFENSE ADVOCATE.-firmaction@g (Expert) 19 March 2011
Still your story can not be believed since how and why you kept quite for such a large sum of 25 lacks.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries