Recovering money lent on good faith
Thangaraj
(Querist) 20 April 2011
This query is : Resolved
Sir
My mother(M) had lent Rs.80000/- before 3 years to one of my cousin sister(S). M is not a money lender and she is power loom weaver (who takes care of looms after my father's death). Since M had no intention to lend money on interest, due to my sister's continous request and strong verbal assurance, M had given the said amount from her last 2 years hard earned savings in utmost good faith without any record.
Inspite of several verbal requests, S is not ready to return the money citing the reason, "My earnings are too less to repay the debt and I will return only when I it's possible for me".
Please help me to recover the money.
Parveen Kr. Aggarwal
(Expert) 20 April 2011
If your cousin sister (S) is not repaying the money borrowed from your mother (M), the only option is to initiate litigation. Your mother may serve a legal notice upon (S) before initiation of litigation. However, the burden to prove that loan was in fact given and was repayable and that the same has not been repaid, will remain on your mother in case (S) denies or disputes the claim of (M).
RAJU O.F.,
(Expert) 21 April 2011
Cause to issue a lawyer notice, mentioning all the events that payment of money, and the dates on which its repayment was demanded, etc. If money is not repaid within a specified period, you may approach Legal Services Authority, for amicable settlement, or may prefer money suit.
