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Dhanasekar (Advocate)     05 October 2015

Money suit

Respected Experts, My friend(X) has given Rs.2 Lakhs to his relative thorugh a third party ( Who is a relative for both) without any documentation. Later they had dispute between them so that they are not in good terms. My friend asked money back. But his relative refused and argued that he has not borrowed money from my friend(X). My friend some how taken a dairy from his relative's house, in that there is note that " he has received money Rs 2 lakh from X and paid to y, z and B". 

Questions :

1. Based on note of the dairy, My Friend (X) can make police report for the recovery 

2. My Friend (X) can file money suit against his relative based on the dairy note and witness of the third party.

3. Is the dairy and witness of the third person who is relative for both but working for my friend.- these are valid evidences?

Kindly advise on the same.

 

Rgds...Student



Learning

 3 Replies


(Guest)

diary would be valid evidence but the witness is not since he works under x.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 October 2015

First send a legal notice to the party. wait for his reply in a stipulated time and  can file supplementary money suit in the civil courts. 

SAINATH DEVALLA (LEGAL CONSULTANT)     05 October 2015

in addition to Adv.Ramachary's suggestion,the diary belongs to a third party,not 100% valid evidence.


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