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SHANTANU MISHRA   02 March 2020

I have lent money to cousin brother in law through neft transfer and i don't have cheque. can i get money back?

I have given money of 5 lakhs to cousin brother in law for his business purposes. He has taken my money and gave it to his Bank account and used for his business purposes. Now He says I can't return money. It is obvious that it's a planned fraud. Is NEFT transfer sufficient to send him legal notice through WhatsApp messaging App in the absence of cheque. Can I attach his assets if he doesn't have any asset on his name? If he applies for an IP, how should I proceed to recover my money?


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 2 Replies

Adv. Umesh Arora (SCI)   03 March 2020

You will have to prove that he has borrowed money from you. 

If he has cheated he will say that it was his money that you have returned now. It is very difficult to have him return the money. 

You will have to have something from him in writing on WhatsApp or msg or recorded call to where he admits to such a case. 

As far as legal notice is concerned, you can give him a legal notice through Whatsapp. It is valid.

Yes his property will be attached by the court if he shows no money on him. 

Going insolvent is not easy. It is declared only when the court is fully satisfied and proving it is difficult. 

You should focus on trapping him to say something that proves that he took money from you. 

Send him a msg - That you need 1 lakh very urgently, and if you give me 1 lakh I will forgive the rest 4 lakh, you can keep them'

If he says that okay take 1 lakh and let me go, it will be proved that he took 5 lakh from you. 

Do this or something like this. Trap him.

Regards

 

 

Regards

 

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 March 2020

This is your repeated query whereas earlier has already been attended.


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