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Harish Vyas   18 December 2016

loan amount not returned

During my marriage in 2014, my to be inlaws had asked for a loan of 2lac verbally agreeing to return soon aftr wedding, hence I gave them a loan thru chq payment. Evrything was verbal. But it's been 3 years to my marriage and not a since penny is returned. On asking the money back they say 'u nevr said u wanted the money back', 'we said we will give aftr marriage bt didnt specify when', 'aftr our death evrything will b divided between our kids so I will eventually recieve it', I feel helpless as to what can be done. Aftr a long thought I hav come to a decision to take legal action against them. Please sumone guide me as to what I can do to get my hard earned money. As now I hav a baby & i want the money real bad.


Learning

 9 Replies

Dr J C Vashista (Advocate)     18 December 2016

1. An amount given to any relative should be settled/accepted as "bad debt" and forget and not to ask/expect for return.

2.  The alleged loan has no evidence to prove that you have paid the amount as loan.

3. Even if the amount of Rs. 2 lakh given by cheque as loan it is time barred and court can not help.

4. The amount of alleged loan was not for a consideration, despite the fact that you have paid by cheque.

P. Venu (Advocate)     18 December 2016

Your posting suggests that there are deeper issues. Please post the complete facts.

Sudhir Kumar, Advocate (Advocate)     18 December 2016

Why you want to be in jail

Sudhir Kumar, Advocate (Advocate)     18 December 2016

Why you want to be in jail

Suri.Sravan Kumar (senior)     18 December 2016

the issue pertains to your family as such you may discuss with them to sortout the issue amicably.

Kumar Doab (FIN)     18 December 2016

Involve elders and resolve amicably, preferably.

Sudhir Kumar, Advocate (Advocate)     18 December 2016

a husband has just to annoy his in-laws (your wife will side them) on money matters and go to jail on dowry related charges (may be with parents and married/unmarried brother/sister and their spouces)

Sudhir Kumar, Advocate (Advocate)     18 December 2016

Money given to friends and relatives (of self/spouse) is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.

 

Such loan is taken by a person:-

 

  1. Who lacks business sence and cannot raise funds out of his own business and suddenly wants to be rich.

 

  1. who cannot raise bank loan because :-

 

Either

he himself is not creditworthy

 

Or

 the purpose for which he seeks loan is illegal

 

or

the purpose for which he seeks loan is not at all commercially viable.

 

  1.  Who knows he can afford not to refund.
  2. Who trusts his thick skin
  3. Who intends not to refund
  4. Who has made fortification against action of refund.

 

So he has to find someone who can part with his money. SO he finds a lender near him (fiend or relative)

 

Such loans are given by the persons :-

 

  1. Who has surplus money.
  2. Who displays and boasts of such surplus money.
  3. Who stupidly believe that there will be a refund.
  4. Fails to realise as to why he alone (not bank) is being contacted for loan.
  5. Who has extreme trust on the debor
  6. who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.

 

Such loans are always given

 

  1. Without documentation.
  2. Without witness
  3. Without guarantor.

 

Business started by such money  (easy money belonging to other) invariably fails.

 

Such loans always sink and not refunded.

 

 

Kumar Doab (FIN)     18 December 2016

The narration and wide advise by experts is sufficient.


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